Document Type

Article

Publication Date

1-3-2003

Abstract

In the Blackfeet tribal Court of Appeals, the Court dismissed an appeal for ripeness. In this case, the Plaintiff filed an order of appeal regarding the trial court’s Order dismissing plaintiff’s cause of action against Defendant, Allstate Insurance Co. Plaintiff’s filed a complaint against multiple individuals and Allstate but not individual claims sought to hold any defendant liable for damages incident to the fact to the underlying claim. Rather, all claims were related to the activity of the insurance company after the incident. The trial court dismissed the claim against Allstate because one claim requested it to decide a federal issue over which the tribal court did not have jurisdiction.

The Appellate Court concluded that, in a claim with multiple party defendants, the appeal of an order of dismissal is premature unless the trial court determines in its order of decision constitutes a final adjudication of that party’s rights and liabilities. The Court reasoned that: 1) there are parties remaining whose rights and liabilities still must have been adjudicated, and 2) no determination was made, the affected party’s right to appeal remains intact and can be taken after final adjudication.

This appeal is dismissed as premature.

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