Sugiyama v Kebekol [2017] PWSC 29; Civil Appeal 17-006 (18 December 2017)

IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
APPELLATE DIVISION

JOHN SUGIYAMA, representing Teruko Kingya, deceased, Appellant, v. GEORGE KEBEKOL, representing Rose Kebekol Lineage and Rose Kebekol, deceased Appellee.

CIVIL APPEAL NO. 17-006 (L7-00026) div> ORDER DISMISSING APPEAL

Decided: December ____, 2017

Counsel for Appellant: Pro Se

BEFORE: JOHN K. RECHUCHCHUCHER, Associate Justice
R. BARRIE MICHELSEN, Associate Justice

Appeal from the Land Court, the Honorable Salvador Ingereklii, Associate Judge, presiding.

PER CURIAM:
On August 7, 2017, Appellant filed Civil Appeal No. 17-006, challenging the Land Court’s Determination of Ownership No. 12-1169, in which the Land Court awarded ownership of Lot 182-100 (located in Ngerkesoaol Hamlet, Koror State) to Rose Kebekol, deceased. Appellant did not request either an audio recording or a transcript, making Appellant’s Opening Brief due on September 21, 2017 (forty-five (45) days after the filing of the notice of appeal, as provided for by ROP R.App.P. 31(b)). According to ROP R.App.P. 31(c), if an appellant fails to file a brief within the time provided by Rule 31, the Appellate Division may dismiss the appeal sua sponte.

Exercising such authority, the Appellate Division hereby dismisses Civil Appeal No. 17-006 for Appellant’s failure to comply with Rule 31.

SO ORDERED, this __ day of December, 2017.

JOHN K. RECHUCHER
Associate Justice

R. BARRIE MICHELSEN
Associate Justice