Legal Opinion

Hurley v. To'Hajiillee Family Court

Navajo Nation Supreme Court

Decided August 16, 2005No. SC-CV-44-05PublishedCited by 2 opinions

1Opinion of the Court

A petition for a writ of mandamus requests this Court to compel a family court judge to dismiss a temporary domestic abuse protection order and order to show cause against the Petitioner. We deny the petition.

*707I

As this Court does not have the lower court record, the factual statements made by the Petitioner in his Petition are taken as true for purposes of our review. Cf. Dale Nicholson Trust v. Chavez, 8 Nav. R. 417, 424 (Nav. Sup. Ct. 2004) (instructing lower courts to take factual statements in complaint as true for purposes of motion to dismiss for lack of subject matter jurisdiction).…

2Cited by2 opinions

  1. Johnson v. Tuba City District CourtNavajo Nation Supreme Court · 2007
  2. Miles v. Chinle Family CourtNavajo Nation Supreme Court · 2008

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API