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Os v Enlet [1998] FMCSC 23; 8 FSM Intrm. 587 (Chk. S. Ct. App. 1998) (7 December 1998)

CHUUK STATE SUPREME COURT
APPELLATE DIVISION
Cite as Os v Enlet, [1998] FMCSC 23; 8 FSM Intrm. 587 (Chk. S. Ct. App. 1998)

LIWIS OS,
Appellant,

vs.

BEN ENLET
Appellee.

CIVIL APPEAL NO. 2-97

OPINION

Argued: December 7, 1998
Decided: December 7, 1998

BEFORE:

Hon. Soukichi Fritz, Chief Justice, Chuuk State Supreme Court, presiding
Hon. Yoster Carl, Temporary Justice, Chuuk State Supreme Court*
Hon. Ready Johnny, Temporary Justice, Chuuk State Supreme Court**

*Associate Justice, Pohnpei Supreme Court, Kolonia, Pohnpei
**FSM Public Defender, Weno, Chuuk

APPEARANCES:

For the Appellants:
Johnny Meippen, Esq.
P.O. Box 705
Weno, Chuuk FM 96942

For the Appellee:
Ben K. Enlet, trial counselor
P.O. Box 123
Weno, Chuuk FM 96942

* * * *

HEADNOTE

Appeal and Certiorari - Standard of Review
An appeal may be dismissed when no action is taken beyond filing a notice of appeal, when no transcript is ordered and no certificate filed to the effect that no transcript would be ordered, and when notice was served, setting a date for oral argument and for filing appellant's opening brief, that stated that failure to do so would be grounds for dismissal. Os v. Enlet, [1998] FMCSC 23; 8 FSM Intrm. 587, 588 (Chk. S. Ct. App. 1998).

* * * *

COURT'S OPINION

SOUKICHI FRITZ, Chief Justice:

This is an appeal from a decision of the Trial Division in an election dispute.

Counsel for the Appellant failed to appear at the time and place scheduled for oral argument.

Additionally, Appellant's Counsel has taken no action in this appeal beyond the filing of a document labeled "Notice of Appeal" which was filed on February 24, 1997.

The proper procedure for appeals is set out in the Chuuk State Supreme Court Rules of Appellate Procedure. Rule 10(b)(1) requires that within 10 days from the filing of the Notice of Appeal, the Appellant place an order for a transcript with the court reporter or if no transcript is ordered, the Appellant must file a certificate to that effect. The Counsel for Appellant made no attempt to meet either of these requirements.

Additionally, the record in this case reflects that the Notice of Oral Argument and Briefing Schedule was served on Counsel for Appellant on September 1, 1998. Pursuant to Rule 31, CSSC Rules of Appellate Procedure, this notice required Appellant's opening brief to be filed and served no later than October 10, 1998. The notice further advised that failure to do so is grounds for dismissal of the appeal.

Accordingly, we dismiss the appeal.