--- Am. Tribal Law ----, 2023 WL 8099518 (Fort Peck C.A.)
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Fort Peck Court of Appeals.
 
Raymond MORAN, Appellant,
v.
Angeline CHEEK, Appellee
 
CAUSE NO. AP # 858
|
Filed November 15, 2023

Appeal from the Fort Peck Tribal Court, Chief Judge Stacie Fourstar, Presiding Judge.

Before E. Shanley, B.J. Jones, and J. Grijalva

 

ORDER DENYING APPEAL

BACKGROUND

¶ 1 This matter comes before the Fort Peck Court of Appeals (FPCOA) on a Notice of Appeal filed on August 21, 2023 requesting review of the Tribal Court’s Eviction Order issued on August 10, 2023. Appellant does not argue that the eviction itself is unlawful, but alleges the Court erred in entering a judgment for the 1981 ATLA trailer to Appellee because he bought the trailer from Appellee.

¶ 2 The Court found that the Defendant was given notice of the hearing by personal service but made attempts to avoid service from both the process server and law enforcement. Eviction Order, ¶ 2. In his Notice of Appeal, Appellant acknowledges that he refused a summons “because the trailer was sold to me and paid in full on 3/17/22.” Appellant failed to appear at the hearing and present this argument to the Court and therefore, this Court does not have facts in the record to review this allegation that Appellant brings forth for the first time on appeal.

¶ 3 THEREFORE, this Court DENIES Review in this matter. Appellant may request reconsideration from the Tribal Court in the event he has a legitimate argument regarding notice or his failure to appear at the hearing.

SO ORDERED the 17th day of OCTOBER 2023.

All Citations
--- Am. Tribal Law ----, 2023 WL 8099518