Porter v Noel [1999] GUSC 14; 1999 Guam 13 (30 April 1999)

IN THE SUPREME COURT OF GUAM

SUZANNE KALKHOFF PORTER, as Trustee of THE RUTH
KALKHOFF LIVING TRUST and RUTH KALKHOFF by and
through her guardian ad litem, SUZANNE KALKHOFF PORTER,
Plaintiffs-Appellants

vs.

EUVILLA MASSEY NOEL
Defendant-Appellee

OPINION

Supreme Court Case No. CVA97-061
Superior Court Case No. CV1004-94

Filed: April 30, 1999

Cite as: 1999 Guam 13

Appeal from the Superior Court of Guam
Argued and submitted on October 13, 1998
Hagåtña, Guam

Appearing for the Plaintiffs-Appellants: Howard Trapp, Esquire Howard Trapp Incorporated 200 Saylor Building 139 Chalan Santo Papa Hagåtña, Guam 96910	Appearing for the Defendant-Appellee: Mark E. Cowan, Esquire Arriola, Cowan & Arriola 259 Martyr Street, Suite 201 Hagåtña, Guam 96910

BEFORE: PETER C. SIGUENZA, Chief Justice[1]; JANET HEALY WEEKS, and BENJAMIN J. F. CRUZ, Associate Justices.

SIGUENZA, C.J.:

[1] Suzanne Kalkhoff Porter, on behalf of Ruth Kalkhoff (collectively APorter@) appeal from an amended judgment reflecting a decision and order issued by the Superior Court granting Euvilla Massey Noel=s (hereinafter ANoel@) motion to amend findings and amend judgment, denying Porter=s post-trial motions to amend findings and amend judgment, and denying Porter=s motion for a new trial. Porter challenges the determination made by the trial court that Noel is the sole holder of a leasehold interest in real property located in Tamuning, Guam, and a finding that no equitable assignment of that leasehold interest was created in favor of Ruth Kalkhoff. Upon review of the record, the findings of the trial court are affirmed.

I.

[2] On November 12, 1971, Lon Massey (AMassey@)[2] entered into a lease agreement with the Guam Economic Development Authority (AGEDA@), whereby Massey leased from GEDA Lot Nos. 11 and 12 in E.T. Calvo Memorial Park, Tamuning, Guam for a term of ninety (90) years. Subsequently, on April 1, 1973, Massey entered into an agreement (ADocument One@) with Ruth Kalkhoff (AKalkhoff@) which provides in relevant part:

I, LON MASSEY, HEREBY agree to give to RUTH E. KALKHOFF, subject to conditions contained in this agreement, one-half interest in the Soule Building, consisting of 9,600 square feet, more or less, being erected on Lot Nos. 11 and 12, Block 4, situated in the E. T. Calvo Memorial Park, Tamuning, Guam, and shown on ESCO International Drawing No. 3099-1, titled ATract-259,@ approved by the Department of Land Management on October 30, 1970, and containing a total area of 11,200 square feet, more or less, providing she RUTH E. KALKHOFF, pays one half of the cost of the building and the erection thereof, and one half of all rentals to GUAM ECONOMIC DEVELOPMENT AUTHORITY, and property taxes and insurance, and any other expense during the term of the lease;