George v Palsis [2020] FMSC 24; 23 FSM R. 22 (App. 2020) (7 September 2020)

FSM SUPREME COURT APPELLATE DIVISION

APPEAL CASE NO. K8-2015
(Consolidated with K10-2015)
(Civil Action No. 2013-2004)

SASAKI L. GEORGE,
Appellant,

vs.

CANNEY PALSIS, individually and in his capacity
as Directing Attorney for Kosrae MLSC, LEE
PLISCOU, in his capacity as the Executive
Director of MLSC, and MICRONESIAN LEGAL
SERVICES CORPORATION;
Appellees.
_________________________________________

ORDER DENYING PETITION FOR REHEARING

Decided: September 7, 2020

BEFORE:

Hon. Dennis K. Yamase, Chief Justice, FSM Supreme Court
Hon. Cyprian J. Manmaw, Specially Assigned Justice, FSM Supreme Court*
Hon. Mayceleen JD Anson, Specially Assigned Justice, FSM Supreme Court**

*Chief Justice, State Court of Yap, Colonia, Yap
**Associate Justice, Pohnpei Supreme Court, Kolonia, Pohnpei

APPEARANCE:

For the Appellant: Yoslyn G. Sigrah, Esq.
P.O. Box 3018
Kolonia, Pohnpei FM 96941

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HEADNOTE

Appellate Review - Rehearing
A petition for rehearing filed after the time period requested and granted to enlarge the time to file a rehearing petition will be denied because it was filed outside the scope of the requested enlargement of time to file. George v. Palsis, 23 FSM R. 22, 23 (App. 2020).

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COURT’S OPINION

DENNIS K. YAMASE, Chief Justice:

This comes before the Court on the Appellant’s Petition for Rehearing, filed on March 19, 2019, under FSM Appellate Rule 40.

The Judgment in this case was entered on February 21, 2019. FSM Appellate Rule 40 provides that a petition for rehearing must be filed within 14 days of the date that the Judgment is entered, or no later than March 8, 2019. Thereafter, on March 7, 2019, the Appellant filed a motion to enlarge the time period for the filing of a petition for rehearing from March 8, 2019, to March 14, 2019. The Court granted this requested enlargement of time. No further enlargement of time was sought by the Appellant in this case.

As noted above, the Appellant’s petition for rehearing was filed on March 19, 2019. This filing date, however, is outside the scope of the requested enlargement of time to do so, by March 14, 2019. Accordingly, the Petition for Rehearing at issue here is hereby denied.

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