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3 Navajo Rptr. 45

Barney v. Nez

Navajo Nation Court of Appeals

Decided February 26, 1981

Navajo Nation Court of Appeals · decided 1981-02-26

Decided 1981-02-26

¶1ORDER

¶2The appeal in the above-entitled matter filed on the 14th day of October, 1980, having been received and considered by the Acting Chief Justice pursuant to 7 N.T.C. §801, the Court finds:

¶3The appellant failed to adhere to Rule 2(c) of the Navajo Rules of Appellate Procedure whereby an appeal must be filed within thirty (30) calendar days of the final judgment.

¶4The final judgment was entered by the Honorable Marie Neswood on September 12, 1980.

¶5The Notice of Appeal was filed thirty-two (32) days after the final judgment had been entered contrary to Rules of Appellate Procedure .

¶6The appeHant failed to state specific questions of law or defects in the lower court proceeding which are mandatory elements in the appellate process.

¶7Rule 5 of the Rules of Appellate Procedure has not been followed, which is a step towards effecting the appeal.

¶8The Court of Appeals should not review the entitled matter when the litigating parties fall short of showing their case on information which shows probable cause for an appeal.

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