Berman v Pohnpei Legislature [2011] FMSC 14; 17 FSM Intrm. 452 (App. 2011) (24 March 2011)

FSM SUPREME COURT APPELLATE DIVISION

APPEAL CASE NO. P3-2009
(Civil Action No. 2005-009)

MARY BERMAN,
Appellant,

vs.

POHNPEI LEGISLATURE,
Appellee.
___________________________________

ORDER DENYING PETITION FOR REHEARING
Decided: March 24, 2011

BEFORE:
Hon. Martin G. Yinug, Acting Chief 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 Appellant: Mary Berman, Esq.
P.O. Box 163
Kolonia, Pohnpei FM 96941

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HEADNOTE

Appellate Review - Rehearing
When, after a careful consideration of a petition for rehearing, the appellate court has determined that it has neither overlooked nor misapprehended any points of law or fact, it may deny the petition. Berman v. Pohnpei Legislature, [2011] FMSC 14; 17 FSM Intrm. 452, 452 (App. 2011).

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COURT'S OPINION

PER CURIAM:

On March 4, 2011, appellant Mary Berman timely filed her petition for rehearing. After a careful consideration of Berman's petition, we have determined that we have neither overlooked nor misapprehended any points of law or fact and accordingly deny the petition. Nahnken of Nett v. Pohnpei, [1996] FMSC 27; 7 FSM Intrm. 554, 554-55 (App. 1996) (when an appellate court has not overlooked or misapprehended any points of law or fact, it may summarily deny a petition for rehearing).

The mandate shall issue in seven days. FSM App. R. 41.