In re Dwarf, (2001)

• Decision Date: 27 February 2001
• Docket Number: CIV. APP. 009-092
• Citation: In re Dwarf (Crow Ct. of App. in And For the Crow Indian Reservation Crow Agency, Montana 2001)
• Parties: IN RE THE MATTER OF: YOLANDA RAE OLD DWARF, PLAINTIFF/APPELLEE, v. BRYAN K. KNOWS THE GROUND, JR., DEFENDANT/APPELLANT.
• Court: Crow Court of Appeals in And For the Crow Indian Reservation Crow Agency Montana

IN RE THE MATTER OF: YOLANDA RAE OLD DWARF, PLAINTIFF/APPELLEE, v. BRYAN K. KNOWS THE GROUND, JR., DEFENDANT/APPELLANT.

CIV. APP. No. 009-092

Crow Court of Appeals in And For the Crow Indian Reservation Crow Agency, Montana

February 27, 2001

ORDER DISMISSING APPEAL

¶1Bryan K. Knows The Ground, Jr., has appealed the Tribal Court's Order for Child Support and Establishment of Paternity entered by the Tribal Court(Cashen, J.) on December 7, 2000.

¶2Yolanda Rae Old Dwarf's Complaint for Support and to Establish Paternity was filed on September 11, 2000, seeking child support in the amount of $200 per month per child for the parties' 13-month-old son and Yolanda's 6-week-old daughter, plus back support since April 2000.Yolanda swore that Bryan was the natural father of the younger child, and requested that the Court establish paternity by ordering him to take a DNA test.

¶3 In his sworn answering Affidavit filed September 15, 2000 Bryan objected to the $200 per child support request because he could not afford it, and expressed a desire to have custody or visitation of his son.Bryan agreed to take a blood test to establish whether he was the father of Yolanda's daughter.

¶4 The Tribal Court held a hearing on November 7, which Bryan failed to attend.Based on the pleadings and Yolanda's hearing testimony, the Tribal Court ordered Bryan to pay child support in the amount of $100 per month for the parties' son.The Tribal Court further ordered Bryan to pay for DNA testing with respect to his paternity of Yolanda's daughter, and to present the results to the Court by January 31, 2001.Appellate Jurisdiction

¶5 The Crow Court of Appeals generally has jurisdiction "to hear all appeals from final judgments and/or orders of the Crow Tribal Court."Crow Tribal Code§ 3-1-103(2)(emphasis added).As we have explained in previous cases"final" orders are ones that conclude the controversy in the Tribal Court, and leave nothing further for the court to decide except proceedings to enforce the judgment or decree.In re.Marriage of Warren and Tina Redfox, 2000 CROW 3, ¶ 4.This limitation on so-called "interlocutory" appeals serves the interests of sound judicial administration by avoiding the possibility of multiple, piecemeal appeals from various preliminary and procedural orders issued by the Tribal Court during the course of a given case.Id., ¶ 2.

¶6 In the present case, it is clear that the Tribal Court's order is not "final," because it was not intended to conclude the matter.Rather, the matter cannot be concluded until after Bryan submits the results of the DNA testing to the Court.Then, depending on the test results the Court may order Bryan to pay support for the younger child and/or modify the support obligation for his son in light of all the circumstances known to the Court at that time, and according to the factors set forth in Section 10-1-122 of the Tribal Code.

¶7 Therefore, since the order appealed from is not final, and does not fall within any of the recognized exceptions to...