In re Estate of Masataka Maruyama [2013] GUSC 23; 2013 Guam 23 (8 November 2013)

IN THE SUPREME COURT OF GUAM

IN THE MATTER OF THE ESTATE OF
MASATAKA MARUYAMA, Deceased,

By

TRICIA TORRES CANDOLETA,
Petitioner-Appellant,

TAMIO S. CLARK, Administrator,
Respondent-Appellee.

Supreme Court Case No.: CVA12-031
Superior Court Case No.: PR0136-06

OPINION

Filed: November 8, 2013

Cite as: 2013 Guam 23

Appeal from the Superior Court of Guam
Argued and submitted on May 14, 2013
Hagåtña, Guam

Appearing for Petitioner-Appellant: Wayson W.S. Wong, Esq. Law Offices of Wayson Wong 196 Hesler Pl. Governor’s Garden, Apt. A-1 Hagåtña, GU 96910

Appearing for Respondent-Appellee: David W. Dooley, Esq. Dooley Roberts & Fowler LLP Orleans Pacific Plaza, Ste. 201 865 S. Marine Corps Dr. Tamuning, GU 96913

BEFORE: F. PHILIP CARBULLIDO, Chief Justice; KATHERINE A. MARAMAN, Associate Justice; ALEXANDRO C. CASTRO, Justice Pro Tempore.

CARBULLIDO, C.J.:

[1] Petitioner-Appellant Tricia Torres Candoleta appeals the probate court’s August 2012 order denying her motions for reconsideration and to set aside judgment based on fraud. The probate court had earlier ordered Candoleta removed as administratrix of the estate of Masataka Maruyama, found her liable for fraud, and assessed damages against her to be paid to the estate. We had previously dismissed the appeal as untimely to challenge certain earlier orders and the denial of Candoleta’s first motion for reconsideration, leaving only the August 2012 order for review.

[2] We now hold that we also lack jurisdiction to review the August 2012 order, and we dismiss the appeal for lack of jurisdiction.

I. FACTUAL AND PROCEDURAL BACKGROUND

[3] In 2007, the probate court issued letters of administration to Tricia Candoleta, appointing her administratrix of the estate of decedent Masataka Maruyama. In April 2009, Seiichiro Maruyama moved the court to remove Candoleta as administratrix and impose damages against her. He alleged that Candoleta embezzled funds from a condominium unit which she was managing on behalf of the estate and that she fraudulently pressured Seiichiro into giving her a warranty deed for the unit.

[4] On June 2, 2009, the probate court ordered Candoleta removed as administratrix. The probate court then appointed Tamio Clark as the new administrator.