3 NICS App. 308, In the Matter of R.J.G. (June 1994)

IN THE NISQUALLY TRIBAL COURT OF APPEALS

NISQUALLY INDIAN RESERVATION

OLYMPIA, WASHINGTON

In the Matter of R.J.G.

No. NIS-CiJ-12/93-241 (June 9, 1994)

SUMMARY

Appeal of Trial Court order dismissing petition for lack of jurisdiction. Appellant alleged denial of due process and lack of service. Court of Appeals dismissed pursuant to Appellant's withdrawal of her appeal.

FULL TEXT

Before:            Chief Justice Marguerite Edwards, Associate Justice Charles R. Hostnik, and Associate Justice Rosemary Irvin.

NATURE OF THE ACTION

Plaintiff petitioned the Nisqually Tribal Court for custody of R.J.G., a minor child. The Trial Court denied the petition and, subsequently, dismissed a court-ordered fact-finding hearing for lack of personal jurisdiction. Plaintiff appeals the Trial Court's dismissal of the fact-finding hearing.

EDWARDS, Chief Justice:

THIS MATTER came before the Nisqually Court of Appeals on June 8, 1994, for a scheduled hearing on the Appellant's Petition for Appeal.

Neither of the parties was present. The Court Clerk, Maria Kalama, testified under oath that Appellant Rohr had stated that she was withdrawing her appeal to pursue the custody in state court.

IT IS HEREBY ORDERED that:

1. The Petition For Appeal is DISMISSED.