1 MILR (Rev.) 129

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 89-01
(High Ct. Civil No. 1988-146)

BILLY PIAMON,
Plaintiff-Appellee,

-v-

JILLO LANITUR-BULELE,
Defendant-Appellant.

ORDER DISMISSING APPEAL

JUNE 9, 1989

ASHFORD, C.J.

SUMMARY:

The trial court order denying Appellant's motion to dismiss or for summary judgment did not terminate the proceedings, permitted them to continue, and was merely interlocutory. This appeal was dismissed because an order must be final to be appealable.

DIGEST:

1. APPEAL AND ERROR – Decisions Reviewable – Finality of Determination: Under Article VI, § 2(2) of the Constitution of the Marshall Islands, an appeal may be taken to the Supreme Court only from any final decision of the High Court, as of right, or from any final decision of any court in the discretion of the Supreme Court.

Defendant appealed from an order denying Defendant's Motion to Dismiss or for Summary Judgment of Res Judicata. In response to Plaintiff-Appellee's motion in this Court to dismiss the appeal as being from an interlocutory order, Defendant has argued the evidence on which Defendant's claim of res judicata is based.

[1] In the Trust Territory Courts, appeals were allowed only from final orders or judgments. Trust Territory v. Konou, 7 TTR 331 (1975). Under the Constitution of the Marshall Islands, an appeal may be taken to the Supreme Court only from "any final decision" of the High Court, as of right, or from "any final decision" of any court in the discretion of the Supreme Court.

Republic of the Marshall Islands Constitution, Article VI, § 2(2). This Court has previously held that an order must be final to be appealable. RepMar v. Balos, et al., 1 MILR (Rev.) 53, 53 (Jul 25, 1986).

If the trial court had granted the Motion to Dismiss or for Summary Judgment, that order would have terminated the proceedings, been final and appealable. The order denying the motion, however, did not terminate the proceedings, permitted them to continue, and is merely interlocutory. If it was erroneous, the error can be raised on appeal when a final judgment or order has been entered in the lower court.

The appeal is dismissed and the cause remanded to the High Court for further proceedings.