South Seas Corporation v Sablan Construction Company [1978] TTLawRp 2; 7 TTR 577 (21 February 1978)

7 TTR 577

SOUTH SEAS CORPORATION, et al., Plaintiffs-Appellants

v.

SABLAN CONSTRUCTION COMPANY, et al., Defendants-Appellees

Civil Appeal No. 226

Appellate Division of the High Court

Mariana Islands District

February 21, 1978

Appeal from denial of motion to vacate judgment. The Appellate Division of the High Court, Brown, Associate Justice, held that where trial judge was in error in requesting, without notice to other party, that prevailing party prepare findings of fact, conclusions of law, judgment and opinion, which judge modified and adopted, but there was no evidence of fraud, or of denial of full and fair trial to losing party, or that trial judge had already decided the case when he made his ex parte communication with prevailing party, and losing party was able to argue in open court regarding objections to the findings, and a thorough hearing was held on losing party's motion to vacate judgment, the hearing being held before a judge other than the trial judge, denial of the motion did not prejudice losing party and would be upheld.

1. Judgments—Ex Parte Participation in Opinion

It was improper and patent error for trial judge to, without notice to the other party, ask the prevailing party to prepare findings of fact, conclusions of law, judgment and opinion, which the judge then modified and adopted.

2. Judgments—Motion To Vacate—Tests

Where motion to vacate judgment was brought under federal rule which was remedial and should be liberally construed, appellate court to which denial of motion was appealed could not substitute its judgment for that of lower court absent a finding of abuse of discretion.

3. Evidence—Statements of Counsel

Statements of counsel, standing alone, do not constitute and cannot be considered as evidence.

4. Judgments—Ex Parte Participation in Opinion

Where trial judge was in error in requesting, without notice to other party, that prevailing party prepare findings of fact, conclusions of law, judgment and opinion, which judge modified and adopted, but there was no evidence of fraud, or of denial of full and fair trial to losing party, or that trial judge had already decided the case when he made his ex parte communication with prevailing party, and losing party was able to argue in open court regarding objections to the findings, and a thorough hearing was held on losing party's motion to vacate judgment, the hearing being held before a judge other than the trial judge, denial of the motion did not prejudice losing party and would be upheld.

5. Judgments—Motion To Vacate—Fraud or Misconduct

To justify setting aside a judgment on the ground of fraud or misconduct, the acts or misconduct complained of must be such as to have prevented the losing party from fully and fairly presenting his case.
Before BROWN, Associate Justice, and NAKAMURA, Associate Justice
BROWN, Associate Justice