McKenzie Co. Social Service Bd. v. C.G.
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| 20010047 |
McKenzie County Social Service
Board, Plaintiff and Appellant
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J.C.Y.B., by and through
Michon C. Sax as Guardian ad
Litem, and F.H., Plaintiffs
v.
C.G., Defendant and Appellee
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| Appeal from: |
District Court,
Northwest Judicial District,
McKenzie County
Judge William W. McLees |
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Nature of Action: |
Paternity
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| Counsel: |
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| Term: |
06/2001 Argument: 06/19/2001 10:45am
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| ND cite: |
2001 ND 151
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| NW cite: |
633 N.W.2d 157
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| Issues: |
Appellant's Statement of the Issues:
I. In a paternity and child support action brought by an Indian mother and by a county suing to protect significant public interests and to comply with federal law, did the District Court have jurisdiction over an Indian living off the reservation
who allowed a default judgment to be entered against him?
II. Assuming the District Court didn't have jurisdiction, is the county required to refund money the county neither collected for itself nor retained, but which the county collected under a seemingly valid judgment and paid to an unwed mother as
federal law required?
Appellee's Statement of the Issues:
I. Does state District Court have jurisdiction over a paternity and child support action arising on the Ft. Berthold Indian Reservation between enrolled members of the Three Affiliated Tribes?
II. If state District Court did not have jurisdiction, is the McKenzie County Social Service Board required to return to the alleged father the amount of money collected from him and paid directly by the Board to the mother?
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| 1 | | 02/19/2001 | |
NOTICE OF APPEAL: 02/16/2001 |
| 2 | | 02/19/2001 | |
THIS CASE IS CONFIDENTIAL |
| 3 | | 03/14/2001 | |
RECORD ON APPEAL |
| 4 | | 03/28/2001 | |
APPELLANT BRIEF |
| 5 | | 03/28/2001 | |
APPELLANT APPENDIX |
| 6 | | 03/28/2001 | |
DISK - ATB (electronically transmitted) |
| 7 | | 04/04/2001 | |
MOT. EXT/TIME APPELLEE BRIEF |
| 8 | | 04/05/2001 | |
Letter dtd 4-4-01 from Appellant clarifying that Social Serv. Bd. is the only AT, w/ cc of letters |
| 9 | | 04/05/2001 | |
attached |
| 10 | | 04/24/2001 | |
MOTION to Release the Trial Court Transcript in In Re V.G. (Sup. Ct. #11,153) |
| 11 | | 04/25/2001 | |
ACTION BY SUPREME COURT (MOT/release transcript). Denied |
| 12 | | 05/23/2001 | |
MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF, BRIEF IN SUPPORT, & AFFIDAVIT IN SUPPORT |
| 13 | | 05/24/2001 | |
ACTION BY CHIEF JUSTICE (doesn't incl. permission to participate in OA)(brief due 5-28-01). Granted |
| 14 | | 05/25/2001 | |
APPELLEE BRIEF |
| 15 | | 05/25/2001 | |
AMICUS CURIAE BRIEF (Three Affiliated Tribes of Fort Berthold Reservation) |
| 16 | | 05/29/2001 | |
DISK - AEB |
| 17 | | 04/04/2001 | |
ACTION BY CLERK (MAE, w/understanding counsel be prepared to argue case in June). Granted: 05/28/2001 |
| 18 | | 06/01/2001 | |
DISK - acb |
| 19 | | 06/08/2001 | |
MOTION FOR EXTENSION OF WORDS LIMIT FOR RYB & Affidavit in Support(3500 WORDS) |
| 20 | | 06/08/2001 | |
ACTION BY CHIEF JUSTICE (3500 WORDS FOR RYB). Granted |
| 21 | | 06/11/2001 | |
REPLY BRIEF OF APPELLANT |
| 22 | | 06/11/2001 | |
DISK (e-mailed) - RYB |
| 23 | | 06/19/2001 | |
APPEARANCES: Charles M. Carvell, James C. Fleming; James P. Fitzsimmons. |
| 24 | | 06/19/2001 | |
Present with Mr. Fitzsimmons was Karrie Azure-Elliott, 1st year law student working at NDLS. |
| 25 | | 06/19/2001 | |
ARGUED: Carvell; Fitzsimmons (Vol. X; page 146) |
| 26 | | 08/29/2001 | |
DISPOSITION: AFFIRMED/PT, REVERSED/PT |
| 27 | | 08/29/2001 | |
UNANIMOUS OPINION: Sandstrom, Dale V. |
| 28 | | 08/29/2001 | |
Per Court, costs on appeal awarded in favor of Appellee |
| 29 | | 08/30/2001 | |
Order/Judgment Mailed to Parties |
| 30 | | 10/03/2001 | |
MANDATE |
| 31 | | 11/06/2001 | |
Corrected/Substitute Opinion Page 3, para 10, line 10 |
| 32 | | 10/05/2001 | |
RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE |
| 33 | | 08/02/2007 | |
EXPUNGED - Nonpermanent record items destroyed |