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Lokkar v Kemoot [2000] MHSC 4; 2 MILR 165 (28 November 2000)

2 MILR 165

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL No. 99-04
(High Ct. Civil No. 1997-124)

KOTTA LOKKAR,
Plaintiff-Appellant,

-v-

LANBO KEMOOT,
Defendant-Appellee.

APPEAL FROM THE HIGH COURT

NOVEMBER 28, 2000

FIELDS, C.J.

SUMMARY:

The Supreme Court denied Plaintiff-Appellant's motion for a sixth continuance to file an opening brief and dismissed the appeal for failing to timely file an opening brief.

DIGEST:

1. EVIDENCE - Affidavits - In General: Affidavits must be based on facts and not belief. The Notice of Appeal was filed in this matter on April 14, 1999, from a Judgment entered and filed on March 12, 1999.

A motion for Enlargement to file the opening brief was filed on 11-24-99 requesting a delay of up to 12-31-99.

Another request was filed on 12-28-99 requesting up to 1-31-2000.

Again a request was filed on 1-27-2000 for an additional 25 days. On 1-28-2000 a request was for an additional 20 days from 1-28-2000.

Again a request was filed on 3-27-2000 for up to April 11, 2000.

Plaintiff filed a request on 9-25-2000 stating that this was his final request and wanted 21 days to get an attorney and then 45 days to file his opening brief.

On November 27, 2000, Plaintiff filed a new request asking to file his opening brief on 1-29-2001. This request was accompanied by affidavits from Hemos Jack and David Lowe. Hemos Jack stated he would not be able to be counsel of record for Appellant if Lowe was not co-counsel. Lowe states that he "believes" they could file an opening brief by January 29, 2001.

[1] An affidavit must be based on facts and not a belief. Therefore Lowe's purported affidavit is insufficient to be considered as an affidavit. Under any circumstances there is not reasonable cause to grant any further continuances.

The appeal was filed from a Judgment entered over 21 months ago. No further enlargement will be granted. No good cause for a continuance has been shown.

It is ordered that the purported appeal in this matter be dismissed and the matter is returned to the High Court for such further proceedings as may be necessary.