Home | Databases | WorldLII | Search | Feedback Supreme Court of the Marshall Islands

Marshall Islands Development Corporation and Leon v Majuro Atoll Local Government (1) [1989] MHSC 18; 1 MILR (Rev) 135 (29 June 1989)

1 MILR (Rev.) 135

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 89-05
(High Ct. Civil No. 1989-348)

MARSHALL ISLANDS DEVELOPMENT CORPORATION AND SAM LEON (dba CRYSTAL AMUSEMENT CENTER),
Plaintiffs-Appellees,

-v-

MAJURO ATOLL LOCAL GOVERNMENT,
Defendant-Respondent-Appellant,

and

REPUBLIC OF THE MARSHALL ISLANDS,
Intervenor-Respondent-Appellant.

ORDER DISMISSING APPEAL

JUNE 29, 1989

ASHFORD, C.J.

SUMMARY:

The Supreme Court dismissed the appeal because the Appellant had filed the notice of appeal to the Supreme Court rather than the High Court as required by rule.

DIGEST:

1. APPEAL AND ERROR – Dismissal, Grounds for – Noncompliance with Rules: Appellant filed the notice of appeal before the appellate court rather than the trial court as required by rule.

[1] Rule 4(b) of the Marshall Islands Rules of Appellate Procedure requires the notice of appeal to be filed "with the presiding judge of the court from which the appeal is taken or with the clerk of courts." The Notice of Appeal in this case, from an order of the High Court, was captioned "In the Supreme Court" and was filed with the clerk of courts, with whom papers for both of those courts are filed. Notices of appeal are customarily filed in the court appealed from, not in the court appealed to, and Rule 4(b) appears to so require. Whether the substantive rights [text missing in original]. Reedsburg Bank v. Apollo, [1975] USCA7 11; 508 F2d 995 (1975), on which Appellant relies, is inapposite because it dealt with an order denying intervention.

The appeal is dismissed and the cause remanded to the High Court for further proceedings.