Martha Sapukotana v. Van Straalen Farm Trucking

457 F. App'x 682

• Court: Court of Appeals for the Ninth Circuit
• Decided: November 3, 2011
• Docket: 10-16803
• Status: Unpublished

Opinion

MEMORANDUM ***

The Mississippi Chancery court determined that Sarath Sapukotana had dissolved his marriage to Ramya Chandrala-tha Fernando and, consequently, that Martha Sapukotana, not Fernando, was Sarath Sapukotana’s widow. This issue was actually litigated and was essential, see Miss.Code Ann. § 91-7-63 (2010), to that court’s judgment appointing Martha Sapukotana as administrator of the estate. Harris v. Bd. of Trs. of State Insts. of Higher Learning, 731 So.2d 588, 590 (Miss.1999). This state court judgment regarding Fernando’s status would have preclusive effect in other Mississippi courts and therefore must be given full faith and credit in federal court. See 28 U.S.C. § 1738; Kremer v. Chem. Constr. Corp., 456 U.S. 461, 466, 102 S.Ct. 1883, 72 L.Ed.2d 262 (1982).

Because Fernando is not Sapukotana’s surviving wife, she has no significantly protectable interest in the wrongful death suit arising from his death, see Ariz.Rev. Stat. Ann. § 12-612(A) (2010). Therefore, the district court did not err in denying Fernando’s motion to intervene. City of Emeryville v. Robinson, 621 F.3d 1251, 1259 (9th Cir.2010).

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.