Tellei v Etibek [2011] PWSC 20; Civil Appeal 007.2011 (13 September 2011)

IN THE SUPREME COURT OF THE REPUBLIC OF PALAU
APPELLATE DIVISION

CIVIL APPEAL NO. 11-007
(LC/H 10-0012)

MARIANO TELLEI,
Appellant

v.

NGIRMENGIAU ETIBEK, :
Appellee.

Decided: September 13, 2011

Counsel for Appellant: Oldiais Ngiraikelau
Counsel for Appellee: Pro se

BEFORE: KATHLEEN M. SALII, Associate Justice; ALEXANDRA F. FOSTER, Associate Justice; KATHERINE A. MARAMAN, Part-Time Associate Justice.

Appeal from the Land Court, the Honorable ROSE MARY SKEBONG, Associate Judge, presiding.

ORDER OF DISMISSAL

PER CURIAM:

1. This appeal follows the Land Court's January 13, 2011, Adjudication and Determination of Ownership. Appellant Mariano Tellei filed his notice of appeal on March 10, 2011. On March 30, 2011, Appellant Tellei was served with the audio recording of the Land Court hearing. On April 7, 2011, Appellant Tellei gave notice that he would order a written transcript in this matter. His opening brief was due on or before July 4, 2011. On July 1, 2011, Appellant Tellei filed with this Court a motion for first extension of time to file opening brief. In support of his motion, Appellant Tellei stated that "because of other pending matters needing counsel's immediate attention he is unable to complete and submit the brief on the current due date of July 4, 2011," and requested until July 11, 2011, to complete the opening brief. On July 5, 2011, this Court, finding no good cause, denied Appellant Tellei's motion to extend time. Appellant Tellei did not file his opening brief, nor did he file any other motions seeking extensions.

2. Rule 31 of the Rules of Appellate Procedure gives the Court discretion to dismiss an appeal for failure to timely file an opening brief. ROP R. App. P. 31(c). The Court may refuse to dismiss an appeal when an appellant shows good cause or excusable neglect for failing to timely file. A.J.J. Enterprises v. Uchel, 3 ROP Intrm. 69, 70 (1992). In the present case, however, Appellant Tellei has provided no explanation for failing to timely file. Accordingly, Appellant Tellei's appeal is DISMISSED.

SO ORDERED this 13th day of September, 2011.

KATHLEEN M. SALII
Associate Justice

ALEXANDRA F. FOSTER
Associate Justice

KATHERINE A. MARAMAN
Part-Time Associate Justice