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Konou v Konou [1997] MHSC 5; 2 MILR 101 (4 April 1997)

2 MILR 101

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S. Ct. CIVIL NO. 97-01
(High Ct. Civil No. 1994-038)

LIMOJ KONOU,
Plaintiff-Appellee,

-v-

JILON KONOU,
Defendant-Appellant.

JUDGMENT OF DISMISSAL

APRIL 4, 1997

FIELDS, C.J.

SUMMARY:

The Supreme Court dismissed the appeal because appellant failed in a timely manner either (i) to order from the reporter a transcript of such parts as the proceedings that appellant deemed necessary or (ii) to certify that no parts of the proceedings will be ordered and file a statement of points of error.

DIGEST:

1. APPEAL AND ERROR - Dismissal, Grounds for - Failure to Designate Record: Appellant's failure to in a timely manner either order from the reporter a transcript of such parts as the trial court proceedings that appellant deemed necessary or to certify that no parts of the proceedings will be ordered and file a statement of points of error is grounds for dismissal.

Defendant-Appellee's motion to dismiss the appeal, filed by John Silk, Counsel for Appellee, for the failure of Appellant to abide by, or to timely comply with the Supreme Court Rules of Procedure is hereby GRANTED.

[1] The Court finds that the time period within which the Appellant is required to order from the reporter a transcript of such parts of the proceedings as he deems necessary which are not already on file has expired and no order was made to the reporter. The notice of appeal was filed on January 24, 1997. The 10 days expired on February 3, 1997. Further, Appellant failed to file a certificate indicating that no parts of the proceeding are to be ordered. (Supreme Court Rules 10(b)(1).

Appellant has further failed to file a statement of the points of error he intends to present on the appeal within the 10-day time period provided in Supreme Court Rule 10(b)(3).

Therefore pursuant to Rules 27 and 42(b) of Supreme Court Rules of Procedure this appeal is hereby DISMISSED and the Judgment of the High Court in Action No. 1994-038 is hereby AFFIRMED.