Document Type
Article
Publication Date
10-7-2004
Abstract
-
In the Blackfeet Tribal Court of Appeals, the Court considered the timeliness of an objection. The Blackfeet Law and Order Code, Ch.9, Rule 10-A, states “any motion filed with the Court in a Civil or Criminal Matter must be objected to within (5) days after service upon the opposing party.”
-
The respondent sought a Writ of Mandamus to the Appellate Court to order the lower court to rule on a motion to “stay,” not reverse, a lower court order of child support.
-
The lower court issued a stay on execution, but also reinstated a previous court order without ruling on the appellants Motion for reconsideration.
-
However, the Court clarified that, under the Blackfeet Law and order Code, Ch. 11, Part III, Sec. 30 A, an aggrieved party may appeal from a final judgement entered into action. Since the trial court has not rendered a final judgement, this appeal is premature. Writ of mandamus denied.
Recommended Citation
Marceau v. Skunk Cap, 04-AP-12 (Blkft. Tr. Ct. App., Oct. 7, 2004)