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In the Matter of the Estate of Zaion [1998] MHSC 2; 2 MILR 118 (10 July 1998)

2 MILR 118

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 97-06
(High Ct. Probate No. 1994-060)

IN THE MATTER OF THE ESTATE OF NANIN ZAION (deceased)

BY: CLARY MOKORORO

ORDER DISMISSING APPEAL AND VACATING STAY RE SANCTIONS AGAINST ROSALIE A. KONOU

JULY 10, 1998

FIELDS, C.J.

SUMMARY:

An attorney in the case appealed a High Court order imposing sanctions. The Supreme Court dismissed the appeal because the attorney failed to timely file an opening brief.

DIGEST:

1. APPEAL AND ERROR - Dismissal, Grounds for - Failure to File Opening Brief. Appellant's failure to timely file an opening brief is grounds for dismissal.

This Appeal was taken by Rosalie A. Konou, Esq., from a High Court order imposing sanctions in the captioned proceeding issued October 13, 1998. Ms. Konou's request to the High Court for reconsideration of that order was denied by the High Court's Order of October 21, 1997.

On October 24, 1997, Ms. Konou filed notice of appeal to the Supreme Court. On October 27, 1997, this Court stayed the trial court's order "pending further order" to allow the appeal process to proceed. On November 3, 1997, Ms. Konou filed a document designating "the whole case file" in the above captioned matter. On the 24th of December Ms. Konou requested a sixty day extension of time to file her opening brief. This court granted that request the same day. No further documents or pleadings were subsequently filed in this appeal.

On July 1, 1998, Appellee Scott H. Stege filed and duly served on the appellant and the Public Defender's office a motion to dismiss this appeal and vacate the stay of the High Court's order sanctioning Rosalie A. Konou because no Opening Brief or other appellant filing had occurred since December 24, 1997.

The motion is GRANTED:

[1] The Court concludes Appellant failed to pursue her appeal by filing the requisite opening brief or otherwise engaging in any activity to move the appeal forward. It is fair to say that Appellant, after receiving an extension, abandoned her appeal.

This Court concludes this appeal to be inactive; that Appellant has failed to follow Supreme Court rules limiting the time allowed to file briefs and extensions thereof under Rules 4, 29 and 30, Supreme Court Rules of Civil Procedure.

This appeal is DISMISSED. The October 27, 1997 order of this court staying the order of the High Court is VACATED.