In re Parcel 79T11 [2008] FMSC 63; 16 FSM Intrm. 174 (App. 2008) (13 October 2008)

FSM SUPREME COURT APPELLATE DIVISION

APPEAL CASE NO. K6-2007

IN RE: PARCEL 79T11, HEIRS OF TULENSRU JERRY,
Appellants.

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ORDER AFFIRMING DISMISSAL

Decided: October 13, 2008

BEFORE:

Hon. Martin G. Yinug, Associate Justice, FSM Supreme Court
Hon. Dennis K. Yamase, Associate Justice, FSM Supreme Court
Hon. Ready E. Johnny, Associate Justice, FSM Supreme Court

APPEARANCE:

For the Appellants: Sasaki L. George, Esq.
Micronesian Legal Services Corporation
P.O. Box 38
Tofol, Kosrae FM 96944

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HEADNOTE

Appellate Review  Dismissal; Appellate Review  Motions
When the appellants have sought review of a single justice order of dismissal and when, after review of the record and careful consideration of the appellants' arguments, a full appellate panel finds the single justice's reasoning to be factually accurate and legally sound, it will affirm the single justice order of dismissal. In re Parcel 79T11[2008] FMSC 63; , 16 FSM Intrm. 174, 174 (App. 2008).

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COURT'S OPINION

PER CURIAM:

On June 4, 2008, the appellants were ordered to show cause why this appeal should not be dismissed and stricken from the docket due to their failure to timely file a notice of appeal. Appellants responded to the show cause order in a timely fashion. On July 14, 2008, a single-justice order dismissed this appeal. [In re Parcel 79T11[2008] FMSC 45; , 16 FSM Intrm. 24 (App. 2008).] On July 30, 2008, the appellants sought review of that order by a full panel. FSM App. R. 27(c). On August 7, 2008, we, the undersigned, were designated by court order to sit as a three-member panel to review the single-justice dismissal. After review of the record and careful consideration of the appellants' arguments, we find the single justice's reasoning in the July 14, 2008 order to be factually accurate and legally sound. We therefore affirm the July 14, 2008 order of dismissal.