2 MILR 103

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S. Ct. CIVIL NO. 97-02
(High Ct. Civil No. 1996-047)

IN THE MATTER OF ESTATE OF HARRY ANJEN, (DECEASED)

BY: KATINA PETER,
Petitioner-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.

The Court on its own motion pursuant to Rule 42(b) of the Supreme Court Rules of Procedure hereby dismisses the appeal filed herein by Henry Moses Beia on behalf of Petitioner/Appellant.

[1] The Court finds that the appeal was filed on January 29, 1997. Appellant has failed to order from the reporter a transcript of such parts of the proceedings as he deems necessary which are not already on file and no order was made to the reporter. More than 10 days have elapsed since the notice of appeal was filed. See Supreme Court Rules, Rule 10(b). The Court further finds appellant failed to file a certificate stating no parts of the proceedings are to be ordered. See Supreme Court Rules, Rule 10(b) (1).

Appellant has further failed to file a statement of 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 Rule 42(b) of Supreme Court Rules of Procedure, this appeal is hereby dismissed and the Judgment of the High Court in Action No. 1996-047 is hereby AFFIRMED.