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Republic of the Marshall Islands v Balos (1) [1986] MHSC 13; 1 MILR (Rev) 53 (25 July 1986)

1 MILR (Rev.) 53

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 86-09
(High Ct. Civil No. 1986-044)

REPUBLIC OF THE MARSHALL ISLANDS,
Plaintiff-Appellee,

-v-

LUJANA BALOS, HANDEL DRIBO, KAJILE DRIBO, LIEBRO SAMUEL, ROSA STEPHEN, and JOHN DOES 1-1,000,
Defendants-Appellants.

PER CURIAM ORDER DISMISSING APPEAL

JULY 25, 1986

BURNETT, C.J., AND LANHAM, A.J.

SUMMARY:

The Supreme Court dismissed an appeal from an Order for Possession issued by the High Court in an eminent domain proceeding because it was not an appealable final order.

DIGEST:

1. APPEAL AND ERROR – Decisions Reviewable – Finality of Determination: An Order for Possession issued by the High Court in an eminent domain proceeding is not a final order and is not appealable.

On June 2, 1986, counsel for the above-named Defendants filed a Notice of Appeal in this matter from an Order for Possession issued by the Chief Justice of the High Court, under the authority of 10 TTC § 51-59, and from denial by the court of the Defendants’ motion to amend that order.

[1] The Order appealed from is not a final order and is not appealable. (Nichols on Eminent Domain, §§ 26.71 and 26.73).

The Defendants have their rights to a trial to determine the proper damages to be assessed for the taking of their rights in this eminent domain proceeding, and to appeal from any final judgment on Order therein, but not at this stage.

For the foregoing reasons, it is hereby ORDERED that the Notice of Appeal is hereby dismissed.