2 MILR 1

IN THE SUPREME COURT
REPUBLIC OF THE MARSHALL ISLANDS

S.Ct. CIVIL NO. 93-02
(High Ct. Civil No. 1993-028)

MEJJIT LABWIDRIK, et al.,
Plaintiffs-Appellants,

-v-

LISEN CANDLE, et al.,
Defendants-Appellees.

ORDER CONCERNING APPEAL

SEPTEMBER 7, 1993

ASHFORD, C.J.

SUMMARY:

Plaintiff appealed from a High Court order granting in part and denying in part Defendants' motion for summary judgment. The Supreme Court held that inasmuch as the High Court's order denied the motion, the order is interlocutory and the Supreme Court is without power to entertain interlocutory appeals. To the extent that the High Court's order granted the motion, it is a final decision, but absent a certification from the High Court that hearing the appeal will neither confuse nor delay the determination of the remaining claims by the High Court, any appeal must wait entry of final judgment on all claims of all parties.

DIGEST:

1. APPEAL AND ERROR - Decisions Reviewable - Finality of Determination: Insofar as an order of the High Court denies a motion for summary judgment, it is interlocutory only.

2. APPEAL AND ERROR - Same - Same: Insofar as an order of the High Court grants a motion for summary judgment, the order is a final decision of the High Court.

3. APPEAL AND ERROR - Same - Same: Except with respect to (1) matters removed by the High Court to the Supreme Court pursuant to Article VI, § 2(3) of the Constitution, and (2) review of orders granting, dissolving or denying an injunction issued by the Nuclear Claims Tribunal or the Special Tribunal, pursuant to 42 MIRC Ch. 1, § 6(3), the Supreme Court is without power to entertain interlocutory appeals.

4. APPEAL AND ERROR - Same - Same: To the extent that an appeal is from that part of the order granting the motion for summary judgment, it will be allowed only if the High Court certifies to this Court within 30 days of filing of this Order or such longer time as the High Court may request, that the claims of Plaintiff with respect to which the High Court granted summary judgment against Plaintiff-Appellant are: (a) severable from and may be considered without reference to (i) the other claims of Plaintiff and (ii) the claims of other parties, and (b) there is no just reason to delay consideration of the order on appeal. Absent such certification by the High Court, which the Supreme Court requires as assurance that hearing the appeal will neither confuse nor delay the determination of the remaining claims by the High Court, any appeals must await entry of final judgment by the High Court on all claims of all parties.

[1,2] It appears from the Notice of Appeal, filed August 30, 1993, in the High Court that Plaintiff-Appellant Hiroshi V. Yamamura has appealed from an order of the High Court granting in part and denying in part Defendants' Motion for Summary Judgment. Insofar as that order denied the Motion, it is interlocutory only. Insofar as it granted the Motion, the order is a final decision of the High Court.

[3] Except with respect to (1) matters removed by the High Court to the Supreme Court pursuant to Article VI, § 2(3) of the Constitution, and (2) review of orders granting, dissolving or denying an injunction issued by the Nuclear Claims Tribunal or the Special Tribunal, pursuant to 42 MIRC Ch. 1, § 6(3), this Court is without power to entertain interlocutory appeals. Further, insofar as the order appealed from denied the Motion for Summary Judgment, Plaintiff-Appellant is not aggrieved by the order.

[4] To the extent that the appeal is from that part of the order granting the motion for summary judgment, it will be allowed only if the High Court certifies to this Court within 30 days of filing of this Order or such longer time as the High Court may request, that the claims of Plaintiff with respect to which the High Court granted summary judgment against Plaintiff-Appellant are:

(a) Severable from and may be considered without reference to (i) the other claims of Plaintiff and (ii) the claims of other parties, and

(b) There is no just reason to delay consideration of the order on appeal.

Absent, such certification by the High Court, which this Court requires as assurance that hearing the appeal will neither confuse nor delay the determination of the remaining claims by the High Court, any appeals must await entry of final judgment by the High Court on all claims of all parties.