In re Estate of Helgenberger [2003] FMSC 81; 11 FSM Intrm. 599 (Pon. 2003) (27 May 2003)

FEDERATED STATES OF MICRONESIA
SUPREME COURT TRIAL DIVISION
Cite as In re Estate of Helgenberger[2003] FMSC 81; , 11 FSM Intrm. 599 (Pon. 2003)

[2003] FMSC 81; [11 FSM Intrm. 599]

IN THE MATTER OF THE ESTATE OF
BERNARD HELGENBERGER,
Deceased,

BELLARMINE HELGENBERGER,
Administrator.

ESTATE OF BERNARD HELGENBERGER,
Plaintiff/Respondent,

vs.

BANK OF THE FEDERATED STATES
OF MICRONESIA,
Defendant/Petitioner.

CIVIL ACTION NO. 2003-013

ORDER OF REMAND

Andon L. Amaraich
Chief Justice

Decided: May 27, 2003

APPEARANCES:

For the Defendant/Petitioner:
Fredrick L. Ramp, Esq.
Law Office of Fredrick L. Ramp
P.O. Box 1480
Kolonia, Pohnpei FM 96941

[11 FSM Intrm. 600]

For the Plaintiff/Respondent: (State of Pohnpei)
Bellarmine Helgenberger, Administrator, pro se

For the Claimant:
Emeka Akamigbo, Esq.
Assistant Attorney General
Office of the Pohnpei Attorney General
P.O. Box 1555
Kolonia, Pohnpei FM 96941

For the Claimant: (Boston Agrex)
Salomon Saimon, Esq.
Law Offices of Saimon & Associates
P.O. Box 1450
Kolonia, Pohnpei FM 96941

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HEADNOTE

Jurisdiction - Removal
When a party desires to remove a case from a state court to the FSM Supreme Court trial division, the requirements of General Court Order 1992-2 must be met. A petitioner cannot remove certain causes of action - that is, certain discrete legal issues and claims pertaining to petitioner - that are imbedded in a state court case. Bifurcation of a case is not anticipated nor authorized by GCO 1992-2, which pertains to the transfer of civil actions in their entirety. In re Estate of Helgenberger[2003] FMSC 81; , 11 FSM Intrm. 599, 600 (Pon. 2003).

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COURT'S OPINION

ANDON L. AMARAICH, Chief Justice:

On April 4, 2003, defendant/petitioner Bank of the FSM filed a petition for an order removing from Pohnpei Supreme Court and docketing in the FSM Supreme Court "the causes of action relating to a Court order directed to the Bank of the Federated States of Micronesia ordering it to reinstate a time certificate of deposit which it had previously liquidated to pay off a delinquent loan." Petition to Remove at 1.

When a party desires to remove a case from a state court to the trial division of the FSM Supreme Court, the requirements of General Court Order 1992-2 must be met. Here, they are not. Petitioner seeks to remove certain "causes of action" - that is, certain discrete legal issues and claims pertaining to petitioner - that are imbedded in the probate case of Pohnpei Civil Action No. 180-01.

Bifurcation of a case is not anticipated nor authorized by GCO 1992-2, which pertains to the transfer of civil actions in their entirety. Accordingly, I find that the Petition to Remove fails to meet the requirements of GCO 1992-2. Pohnpei Civil Action No. 180-01 is hereby remanded to the Pohnpei Supreme Court Trial Division.

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