Palsis v Talley [1996] FMSC 39; 7 FSM Intrm. 380 (App. 1996) (25 January 1996)

FEDERATED STATES OF MICRONESIA
SUPREME COURT APPELLATE DIVISION
Cite as Palsis v Talley, [1996] FMSC 39; 7 FSM Intrm. 380 (App. 1996)

THERESA S. PALSIS,
Appellant,

vs.

ALKOA L. TALLEY,
Appellee.

APPEAL CASE NO. K1-1992

ORDER DISMISSING APPEAL

Decided: January 25, 1996

BEFORE:

Hon. Andon L. Amaraich, Chief Justice, FSM Supreme Court
Hon. Richard H. Benson, Associate Justice, FSM Supreme Court
Hon. Martin G. Yinug, Associate Justice, FSM Supreme Court

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HEADNOTE

Appeal and Certiorari
Failure to locate counsel to prosecute appeal or to attempt to proceed pro se may, after notice, be deemed a voluntary dismissal of an appeal. Palsis v. Talley, [1996] FMSC 39; 7 FSM Intrm. 380, 381 (App. 1996).

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COURT'S OPINION

PER CURIAM:

On November 28, 1995, the court notified the parties of its intention to dismiss this appeal for failure to prosecute. After noting that there had been no action in this case for over three years, the court gave appellant 30 days within which to either locate counsel to prosecute her appeal, or inform the court of her intention to proceed pro se. The court cautioned that if it received no notice from appellant within thirty days, it would construe her silence as a motion to the court to dismiss her appeal pursuant to Rule 42(b) of the FSM Rules of Appellate Procedure, governing voluntary dismissals.

No notice having been received from the appellant, this appeal is hereby dismissed pursuant to FSM Appellate Rule 42(b).

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