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Republic of the Marshall Islands v Balos (2) [1987] MHSC 10; 1 MILR (Rev) 67 (30 January 1987)

1 MILR (Rev.) 67

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL No. 87-01
(High Ct. Civil No. 1986-044)

REPUBLIC OF THE MARSHALL ISLANDS,
Plaintiff-Appellee,

-v-

LUJANA BALOS, et al.,
Defendant-Appellants.

ORDER DISMISSING APPEAL

JANUARY 30, 1987

BURNETT, C.J.
LANHAM, A.J., and KONDO, A.J. (sitting by designation)

SUMMARY:

The Supreme Court declined to hear an appeal from a High Court order scheduling a trial date.

DIGEST:

1. COURTS – Supreme Court – Jurisdiction: Article VI, § 2(2) of the Constitution provides that an appeal lies only from a final decision of the High Court or any court.

Per Curiam: Appellants filed what counsel characterizes an "Emergency Appeal," taken from an Order of the High Court which, in the absence of agreement of counsel, declined to vacate a previously set trial date in the captioned matter. He moves this Court to "determine this matter forthwith on January 30, 1987," and to vacate that appearance date.

In our view, it would be inappropriate for this Court to interfere with the High Court in its case-load scheduling, nor do we have jurisdiction to do so.

[1] Article VI, § 2(2) of the Constitution establishes the general jurisdiction of the Supreme Court. In every instance, save one, it is provided that an appeal shall lie only from a final decision of the High Court or any court. (The exception refers to questions which the High Court may remove to the Supreme Court for decision as to the interpretation or effect of the Constitution in any pending proceedings).

We are aware of no law of the Marshall Islands which would expand the general jurisdiction as so established.

Accordingly, we must deny the motion and Dismiss this appeal.