Wainit v Federated States of Micronesia [2008] FMSC 52; 16 FSM Intrm. 47 (App. 2008) (7 August 2008)

FSM SUPREME COURT APPELLATE DIVISION

APPEAL CASE NO. C1-2006

TADASHI WAINIT,
Appellant,

vs.

FEDERATED STATES OF MICRONESIA,
Appellee.

________________________________________

ORDER DISMISSING APPEAL

Decided: August 7, 2008

BEFORE:

Hon. Richard H. Benson, Specially Assigned Justice, FSM Supreme Court*
Hon. Aliksa B. Aliksa, Specially Assigned Justice, FSM Supreme Court**
Hon. Cyprian J. Manmaw, Specially Assigned Justice, FSM Supreme Court***

*Retired FSM Supreme Court Associate Justice
**Chief Justice, Kosrae State Court
***Chief Justice, State Court of Yap

APPEARANCE:

For the Appellant: Richard R. Hermes, Esq.
Office of the Public Defender
P.O. Box 425
Colonia, Yap FM 96943

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HEADNOTES

Appellate Review
Filing by facsimile might be accepted if the provisions of General Court Order 1990-1, § 2 arerved. Wainit v. FSM. FSM, [2008] FMSC 52; 16 FSM Intrm. 47, 48 (App. 2008).

Appellate Review  Decisions Reviewabl; Appellate Review  Dismissal
An appeal may be dismissed if it fails ents entirely to cite any error in the trial court's findings or judgment. Wainit v. FSM, [2008] FMSC 52; 16 FSM Intrm. 47, 48 (App. 2008).

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COURT'S OPINION

PER CURIAM:

On July 14, the Appellant, by facsimile, sent a Memorandum of Points and Authorities to the Court purporting to respond to the Court's Order to Show Cause of June 13, 2008.

The Memorandum fails on two grounds. First, filing by facsimile is not permitted. It might have been accepted for filing had the provisions of General Court Order 1990-1, § 2 beenrved. They were not.

Secondly, even if the Memorandum could be considered, it fails entirely to address the issue presented to the Appellant in the Order to Show Cause, namelhy this appeal should not bnot be dismissed for failure to cite any error in the Findings or Judgment entered by the trial court."

The Appellant correctly points out that the reference in the Order to Show Cause to Rule 5 of the Court's Rules of Appellate Procedure is in error, but that error does not affect the Court's Order.

The Appellant having failed to give any reason why the appeal should not be dismissed,

it is ordered that the case is dismissed this 7th day of August, 2008.

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