FORT PECK COURT OF APPEALS
ASSINIBOINE AND SIOUX TRIBES
FORT PECK INDIAN RESERVATION
POPLAR, MONTANA
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ERNEST GEORGE BIGHORN, III, vs. TRADERS STATE BANK, and ALDA I. SMALL, |
APPEAL No. 186 |
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ORDER OF REMAND
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THIS MATTER comes before the Court of Appeals on a Petition for Review filed by Ernest George Bighorn,III, from a Court order entered on February 9, 1993; and
The Court having considered the briefs submitted by counsel for Appellant and Respondent, Alda I. Small; and
The jurisdiction of the Court of Appeals being stated in 1 CCOJ §202 as follows:
"The jurisdiction of the Court of Appeals shall extend to all appeals from final orders and judgments of the Tribal Court. The Court of Appeals shall review de novo all determinations of the Tribal Curt on matters of law, but shall not set aside any factual determinations of the Tribal Court is such determinations are supported by substantial evidence."; and
It appearing that the order appealed to the Court of Appeals is not a "final order" as contemplated by 1 CCOJ §202, in that the issues raised on appeal have not been finally and fully adjudicated by the Fort Peck Tribal Court.
NOW, THEREFORE, based on the record on appeal, 1 CCOJ §202, and good cause, IT IS HEREBY ORDERED that said matter be, and the same is hereby, remanded to the Fort Peck Tribal Court for determination of the issues before the Court, and final order of the Court.DATED this 25th day of May, 1993.
BY THE COURT OF APPEALS:
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Gerard M. Schuster, Chief Justice
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Debra A. Johnson, Associate Justice