Dearman v. Smithkline Beecham Corp., (2010)

• Decision Date: 01 April 2010
• Docket Number: SC-2010-02
• Parties: NORMA DEARMAN, PLAINTIFF v. SMITHKLINE BEECHAM CORPORATION D/B/A GLAXOSMITHKLINE, INC., DEFENDANT
• Court: Judicial App Tribunal Court Cherokee Nation

NORMA DEARMAN, PLAINTIFF v. SMITHKLINE BEECHAM CORPORATION D/B/A GLAXOSMITHKLINE, INC., DEFENDANT

No. SC-2010-02

Supreme Court of the Cherokee Nation

April 1, 2010

District CourtNo. CV-09-121

COMES NOW the Court on this 1st day of April, 2010, and, after reviewing the Petition in Error filed herein pursuant to Rule 4 of the Cherokee Nation Supreme Court Rules, enters the following findings and order:

The Petition in Error sets forth that this appeal arises from the Trial Court's Order overruling the Plaintiff's motion to dismiss the proceedings based on the Cherokee Nation District Court's lack of jurisdiction over the parties and subject matter of the action, and, does not indicate that the Trial Court certified this interlocutory order for appeal.

The Trial Court/s Order is not a final order appealable by right under the Cherokee Nation Supreme Court Rules or the Federal Rules of Civil Procedure and the Petitioner failed to have the Trial Court certify the interlocutory order for appeal.

IT IS THEREFORE the Court's Order that the Petition in Error is dismissed without prejudice to the Petitioner's right to properly raise the issues presented herein...