Chuuk v Ham [1998] FMSC 29; 8 FSM Intrm. 467 (App. 1998) (26 October 1998)

FEDERATED STATES OF MICRONESIA
SUPREME COURT APPELLATE DIVISION
Cite as Chuk v Ham, [1998] FMSC 29; 8 FSM Intrm. 467 (App. 1998)

STATE OF CHUUK et al.,
Petitioners,

vs.

NEIPUN HAM et al.,
Respondents.

APPEAL CASE NO. C2-1998

ORDER GRANTING PETITION FOR WRIT OF CERTIORARI

Decided: October 26, 1998

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

APPEARANCES:

For the Appellants:
Maketo Robert, Esq.
Chuuk Attorney General
P.O. Box 189
Weno, Chuuk FM 96942

For the Appellee:
Midasy Aisek, Esq.
Micronesian Legal Services Corporation
P.O. Box D
Weno, Chuuk FM 96942

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HEADNOTES

Appeal and Certiorari - Decisions Reviewable
The FSM Supreme Court appellate division has jurisdiction over appeals from final decisions of the Chuuk State Supreme Court appellate division because the state constitution so permits. Chuuk v. Ham, [1998] FMSC 29; 8 FSM Intrm. 467, 468 (App. 1998).

Appeal and Certiorari
Appeals to the FSM Supreme Court appellate division from Chuuk State Supreme Court appellate division final decisions in civil cases, may be made by certiorari. The appellants' petition for certiorari may constitute their notice of appeal. Chuuk v. Ham, [1998] FMSC 29; 8 FSM Intrm. 467, 468-69 (App. 1998).

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COURT'S OPINION

ANDON L. AMARAICH, Chief Justice:

On April 28, 1998, Petitioners, Chuuk State et al. filed a Petition for Certiorari with the FSM Supreme Court Appellate Division, seeking this Court's review of the Chuuk State Supreme Court Appellate Division's April 20, 1998 ruling in Ham et al. v. Chuuk State et al., Appeal Case No. 46.

Article XI, section 7 of the FSM Constitution provides the FSM Supreme Court Appellate Division with jurisdiction over appeals from the Chuuk State Supreme Court Appellate Division. That section provides that "[i]f a state constitution permits, the appellate division of the Supreme Court may review other cases on appeal from the highest state court in which a decision may be had." Article VII, section 4 of the Chuuk State Constitution in turn provides that "[d]ecisions of the appellate division of the State Supreme Court may be appealed to the Supreme Court of the Federated States of Micronesia, whose decisions are final." Section 39 of the Chuuk State Judiciary Act of 1990, Chk. S.L. No. 190-08, specifies the mechanism for such an appeal:

A party to an appeal in which the State Supreme Court has rendered an appellate dicision [sic] may appeal such decision to the Appellate Division of the Supreme Court of the Federated States of Micronesia by certiorari [in civil cases]. All appeals to the Appellate Division of the Supreme Court of the Federated States of Micronesia shall be taken in accordance with applicable rules of the Supreme Court of the Federated States of Micronesia.

Rule 4(a)(1) of the FSM Rules of Appellate Procedure provides that in civil cases appeals are permitted

(A) from all final decisions of the trial divisions of the Federated States of Micronesia Supreme Court and the Kosrae State Court, and of the Chuuk State Supreme Court appellate division; from final decisions of the highest state courts in Yap and Pohnpei if the cases require interpretation of the national Constitution, national law, or a treaty; and in other cases where appeals to this Court from final decisions of the highest state courts are permitted under the Constitution of those states.

FSM App. R. 4(a)(1)(A).

Accordingly, because it is a final decision of the highest court in Chuuk, this Court has authority to review the Chuuk State Supreme Court Appellate Division's ruling in Ham et al. v. Chuuk State et al.. Petitioners' April 28 Petition for Certiorari complies with the FSM Rules of Appellate Procedure and a Writ of Certiorari shall issue.

Appellants' Petition for Certiorari shall constitute their Notice of Appeal. Appellants shall have ten days from the date of service of this Order to file their notice of issues on appeal and request for transcript pursuant to FSM Appellate Rule 10(b).