Gustafson v. Poitra

20100277 Darrel Gustafson and
One Stop Market, Plaintiffs and Appellees
v.
Estate of Leon Poitra and
Linus Poitra, Defendants and Appellants

Appeal from: District Court, Northeast Judicial District, Rolette County
Judge Michael G. Sturdevant
Nature of Action: Contracts
Counsel:
Appellee: Debra Lynn Hoffarth
Appellant: Pro se
Appellant: Pro se
Term: 01/2011   Argument: 01/03/2011  9:30am
ND cite: 2011 ND 150
NW cite: 800 N.W.2d 842

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Issues: Appellant's Statement of the Issues:
1. Whether a state district court has jurisdiction to probate a will which was written by a deceased Indian, who was an enrolled member of the Turtle Mountain Band of Chippewa Indians (Tribe or Tribal), and said will was written according to the Bureau of Indian Affairs' probate regulations, and the enrolled Indian was a resident of the Turtle Mountain Indian Reservation (Reservation) his entire life?
No.
2. Whether a state district court has jurisdiction to probate a will which was written by a deceased Indian, who was an enrolled member of the Tribe, and said will was written according to the Bureau of Indian Affairs' (BIA) probate regulations, and the Tribal Court was in the process of probating the said Indian will long before this action was filed in state district court.
No.
3. Whether a state district court's action is an infringement on tribal sovereignty and or an incursion on the Tribe's sovereign right to decide inheritance issues and or activity occurring within the Reservation boundaries?
Yes.

Appellee's Statement of the Issues:
Whether the District Court correctly determined that it had jurisdiction and granted default judgment after Defendants/Appellants failed to enter an Answer.

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Docket entries:
108/30/2010 NOTICE OF APPEAL: 08/25/2010
209/23/2010 RECORD ON APPEAL & Separates to Entry No. 11
310/04/2010 APPELLANT BRIEF
410/05/2010 MOTION to suspend rules under N.D.R.App.P. 2
510/05/2010 NO ACTION TAKEN
610/08/2010 Brief in Opposition to Linus Poitra's Motion to Suspend the Rules
710/18/2010 DISK - atb (e-mailed)
810/29/2010 APPELLANT APPENDIX (extra one forwarded to Hoffarth)
911/01/2010 MOTION FOR Sanctions
1011/02/2010 ACTION BY CHIEF JUSTICE. Denied
1111/01/2010 MOT. EXT/TIME APPELLEE BRIEF
1211/02/2010 ACTION BY CLERK. Granted: 11/29/2010
1311/29/2010 APPELLEE BRIEF (e-filed) PDF
1411/29/2010 E-FILED BRIEF (AEB) PDF
1511/29/2010 APPELLEE APPENDIX (e-filed) PDF
1611/29/2010 E-FILED APPENDIX (AEA) PDF
1711/30/2010 Received $25 e-filing surcharge (Receipt # ).
1812/01/2010 Received 7 copies of AEB from Central Duplicating.
1912/01/2010 Received 6 copies of AEA from Central Duplicating.
2012/13/2010 NOTICE OF ORAL ARGUMENT SENT
2101/03/2011 APPEARANCES: Linus Poitra; Raymond A. Poitra; Debra L. Hoffarth
2201/03/2011 ARGUED: Raymond A. Poitra; Debra L. Hoffarth
2301/03/2011 ORAL ARGUMENT WEBCAST
2408/10/2011 DISPOSITION (VACATED): OR/JUD VACATED, REMANDED
2508/10/2011 SPLIT OPINION: Kapsner, Carol Ronning
2608/10/2011 (CONCUR IN THE RESULT): VandeWalle, Gerald W.: CON/RES
2708/10/2011 (SPECIALLY CONCURRING): Crothers, Daniel John: CONCUR
2808/10/2011 (SPECIALLY CONCURRING): Sandstrom, Dale V.: JN/CON
2908/10/2011 Costs on appeal taxed in favor of appellants
3008/10/2011 Judgment Sent to Parties
3108/23/2011 PETITION FOR REHEARING & Addendum (e-filed)
3208/23/2011 E-FILED BRIEF (PER)
3308/25/2011 Received 7 copies of PER from CSD
3409/15/2011 ACTION BY SUPREME COURT (PER). Denied
3509/23/2011 MANDATE
3609/30/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
3712/13/2011 Notice from U.S. Supreme Court that Petition for Writ of Certiorari was filed and placed on docket.
3802/24/2012 Notice from U.S. Supreme Court that Petition for Writ of Certiorari is denied

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