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FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
WOLF POINT, MONTANA
*************************************

IN THE MATTER OF
GERALD JOHNSON,
          Appellant,

vs.

SUNRISE LUMBER,
          Appellee.

Appeal No. 118

REVISED OPINION
and
ORDER

    Appellant herein has filed a MOTION FOR RECONSIDERATION of the Court’s finding and conclusions of July 19, 1991, as follows:

[T]he life of the judgment rule of IV CCOJ §306 has effectively been renewed here by Appellee by application for Writs. The Judgment was effectively renewed for five (5) years from the August 10, 1990 Writ of Execution. IV CCOJ §307

    Appellee has filed herein a response in support of denial of motion for reconsideration.

    Upon reconsideration, the Court concludes that it did err in renewing the judgment entered by the Tribal Court. The issue involves IV CCOJ §306, which states:

No judgment of the Court for money shall be enforceable after five (5) years from the date of entry, unless application to renew the judgment shall have been filed before the date of expiration pursuant to Section 307.

    Although this matter has been in litigation since judgment was initially entered on June 6, 1986, the Court record does not reflect an application by the judgment creditor for renewal of the judgment. The record of the Appellate proceedings, including issues, briefs, and oral arguments of the parties, does not address the issue of judgment renewal. Since the issue was not addressed by the parties, it is not properly within the scope of this Court’s bailiwick, and should be deleted from the Opinion and Order. However, such issue may be raised by Appellee to the Tribal Court for consideration, if deemed necessary for the preservation of the Judgment life.

    According, the Opinion and Order of the Court dated July 19, 1991, is amended to the following extent:

    IT IS THEREBY THE ORDER OF THIS COURT:

1. Delete "THE JUDGMENT ORDER DATED JUNE 6, 1986 IS AFFIRMED AND RENEWED AS TO EFFECT FROM AUGUST 10, 1990. APPELLANT IS GIVEN $200.00 CREDIT TOWARDS SATISFACTION OF SAID JUDGMENT.

    AMEND AS FOLLOWS:

THE JUDGMENT ORDER DATED JUNE 6, 1986 IS AFFIRMED. APPELLANT IS GIVEN $200.00 CREDIT TOWARDS SATISFACTION OF SAID JUDGMENT.

    DATED this _____ day of August, 1991.

BY THE COURT OF APPEALS:

____________________________________
GERARD M. SCHUSTER, CHIEF JUSTICE

____________________________________
GARY JAMES MELBOURNE, ASSOCIATE JUSTICE

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