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Majuro Stevedoring & Terminal Co Inc v Alik and Alik [1992] MHSC 8; 1 MILR (Rev) 257 (8 May 1992)

1 MILR (Rev.) 257

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 91-01
(High Ct. Civil No. 1990-124)

MAJURO STEVEDORING & TERMINAL CO., INC.,
Appellants,

-v-

JIMA and HELENA ALIK,
Appellees.

ORDER DISMISSING APPEAL

MAY 8, 1992

ASHFORD, C.J.

SUMMARY:

The Supreme Court dismissed the appeal because the notice of appeal and opening brief were based on matters not of record.

DIGEST:

1. APPEAL AND ERROR – Questions Reviewable – Record and Proceedings Not in Record: Facts outside that record, unless subject to judicial notice, will not be considered.

The Notice of Appeal and Appellants' Opening Brief in this matter reveal that Appellants are primarily relying upon (a) invalidity or lack of service of the Summons, Complaint, Motion to Enter Default and Entry of Default in this matter, alleging facts not in the record before the Court, (b) a Settlement Agreement not in the record, and (c) allegations of fact, also not in the record, concerning the dispute which apparently gave rise to this lawsuit.

[1] A principle of appellate jurisdiction so basic as not to require the citation of authority is that appeals are on the record. Facts outside that record, unless subject to judicial notice, will not be considered. Appellants' remedy, if any, for the matters complained of in the Notice of Appeal and Opening Brief is in the High Court by a motion for relief from judgment or other appropriate proceeding.

The appeal is dismissed.