3 NICS App. 370, Tulalip Housing Authority v. Ancheta (December 1994)

IN THE TULALIP TRIBAL COURT OF APPEALS

TULALIP INDIAN RESERVATION

MARYSVILLE, WASHINGTON

Tulalip Housing Authority v. Ancheta

No. TUL-Ci-7/94-320 (December 6, 1994)

SUMMARY

Appeal of Writ of Restitution issued by Trial Court restoring house to Tulalip Housing Authority due to default in rent. Court of Appeals dismissed the appeal and affirmed Trial Court judgment.

FULL TEXT

Before:            Chief Justice Elbridge Coochise, Associate Justice Dennis Nelson and Associate Justice Christopher Williams.

Appearances:  Stacy Oshie for Respondent, Tulalip Housing Authority.

NATURE OF ACTION

Plaintiff, Tulalip Housing Authority, brought and Unlawful Detainer action against Defendants, David Ancheta and Coleen Trosper, for failure to pay rent. Trial Court ordered Defendants to pay rent and damages and ordered a Writ of Restitution restoring premises to Plaintiff. Defendant appeals Trial Court judgment.

COOCHISE, Chief Justice:

THIS MATTER came before the Tulalip Court of Appeals on Defendants'/Appellants' appeal filed on September 19, 1994, appealing Judgment of the Trial Court dated September 9, 1994, and Plaintiff/Respondent's Application for Dismissal of Appeal filed on November 30, 1994.

Present was Plaintiff/Respondent, the Tulalip Housing Authority, represented by Stacy Oshie. Defendants/Appellants, David Ancheta and Coleen Trosper, were served with notice to appear. Defendants/Appellants failed to appear.

The Tulalip Housing Authority moved to dismiss the appeal based on Defendant/Appellants' failure to pay monthly rent due on the first of every month as required by Paragraph 4 of the Bond Requirement of this Court dated September 19, 1994.     

3 NICS App. 370, Tulalip Housing Authority v. Ancheta (December 1994) p. 371

The Court having reviewed the file, finds: Defendants/Appellants failed to appear or respond and pursue their appeal.

THEREFORE, IT IS HEREBY ORDERED THAT the application for dismissal is granted;

THAT, the order and judgment of the trial court is Affirmed;

THAT, the court clerk shall issue a Writ of Restitution to the Defendants/Appellants to restore to the Plaintiff/Respondent the property described in the complaint, to wit: 8214 Gus Smith Drive, Marysville, Washington 98271.