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Leon v Balos [1986] MHSC 14; 1 MILR (Rev) 55 (6 November 1986)

1 MILR (Rev.) 55

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 85-07

(High Ct. Civil No. 1983-73)

SAM F. LEON, et al.,
Plaintiffs-Appellants,

-v-

ATAJI BALOS,
Defendant-Appellee.

ORDER DISMISSING APPEAL

NOVEMBER 6, 1986

BURNETT, C.J.

SUMMARY:

The Supreme Court dismissed the appeal for appellants' failure to pay the costs of the transcript.

DIGEST:

1. APPEAL AND ERROR – Dismissal, Grounds for – Failure to Pay Fees and Costs: Failure to timely pay the cost of the transcript of trial court proceedings is grounds for dismissal.

Appellant filed timely notice of appeal from Summary Judgment entered May 20, 1985. Simultaneously, he designated, as the record which he desired considered on appeal, the entire court file and "a transcript (if such can be obtained) of the proceeding on May 23, 1985." It does not appear that the designation was served on appellee by appellant as required by Rule 16(a) of our appellate rules.

[1] Through some inadvertence, the Clerk did not "forthwith" notify appellant of the cost of the transcript, as our rules require him to do. This omission was finally cured on May 29, 1986; appellant has not responded, and I can only conclude that the appeal has been abandoned.

It is unfortunate that this matter has been so long delayed, particularly since the transcript requested (of proceedings on May 14, 1985, not May 23) could not conceivably have been of any value in appellate consideration.

The granting or denial of summary judgment rests upon consideration of opposing affidavits, made on personal knowledge and showing affirmatively that the "affiant is competent to testify to the matters stated therein." Rule 45(e) Rules of Civil Procedure. Unsworn statements of counsel, made in the course of hearing or otherwise, can be given no weigh whatever.

Accordingly, it is Ordered, that this appeal must be, and it hereby is, Dismissed.