Davis v Kutta [2002] FMSC 4; 10 FSM Intrm. 505 (Chk. 2002) (12 February 2002)

FEDERATED STATES OF MICRONESIA
SUPREME COURT TRIAL DIVISION

Cite as Davis v. Kutta,
[2002] FMSC 4; 10 FSM Intrm. 505 (Chk. 2002)

[2002] FMSC 4; [10 FSM Intrm. 505]

MENRY DAVIS,
Plaintiff,

vs.

JIM KUTTA, HALVERSON NIMEISA, RESAUO
MARTIN, ERADIO WILLIAM, FRANCIS RUBEN,
JOHNSON SILANDER and the STATE OF CHUUK,
Defendants.

CIVIL ACTION NO. 1992-1039

ORDER AND MEMORANDUM

Martin Yinug
Associate Justice

Hearing: January 28, 2002
Decided: February 12, 2002

APPEARANCES:

For the Plaintiff:
Stephen V. Finnen, Esq.
Law Offices of Saimon & Associates
P.O. Box 1450
Kolonia, Pohnpei FM 96941

For the Defendant (Chuuk):
Ready Johnny, Esq.
Attorney General
Office of the Chuuk Attorney General
P.O. Box 189
Weno, Chuuk FM 96942

[10 FSM Intrm. 506]

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HEADNOTE

Contempt
When various recent financial exigencies have affected the judgment-debtor's ability to make the payments as pledged, and the judgment-debtor felt that a payment of no more than $50,000 could be made by the end of February, and that the remainder of the judgment could be paid by the end of the fiscal year, the court is satisfied that the judgment-debtor has not intentionally disobeyed the court's order. Davis v. Kutta, [2002] FMSC 4; 10 FSM Intrm. 505, 506 (Chk. 2002).

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COURT'S OPINION

MARTIN G. YINUG, Associate Justice:

On January 28, 2002, the court held a hearing on plaintiff's motion for an order to show cause that was filed on January 14, 2002.

Chuuk had committed to make payments to the plaintiff on the judgment in this case according to the following schedule: $50,000 by the end of July 2001; $100,00 by the end of October, 2001; and the remaining balance no later than the end of November, 2001. Judgment was entered in the sum of $130,000 on August 9, 1996, while an award of attorney fees in the amount of $43,237.05 was entered on December 5, 1997. Both bore interest at the statutory rate of 9%. Chuuk thus far has paid $150,000. At the hearing, plaintiff's counsel advised the court that there was principal remaining of $87,381.82, and interest of $1,357.02.

At the hearing, Mr. Nakama Sana, Chuuk's Director of the Treasury, cited various recent financial exigencies which affected Chuuk's ability to make the payments as pledged, and indicated that he felt a payment of no more than $50,000 could be made by the end of February, and that the remainder of the judgment could be paid by the end of fiscal year 2002. Based on Mr. Sana's testimony, the court is satisfied that Chuuk has not intentionally disobeyed this court's order of May 22, 2001. Johnny v. FSM, [1997] FMSC 39; 8 FSM Intrm. 203, 208 (App. 1997).

Accordingly, Chuuk will pay the sum of $50,000 no later than February 28, 2001. No later than March 15, 2002, Chuuk will also advise the court of the exact amount of principal and interest left unpaid, and a proposed timetable for making that payment.

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