KOSRAE STATE COURT TRIAL DIVISION
Cite as Heirs of Mackwelung v. Heirs of Mongkeya
13 FSM Intrm. 20 (Kos. S. Ct. Tr. 2004)

[13 FSM Intrm. 20]

HEIRS OF ALLEN MACKWELUNG,
Appellants,
 
vs.
 
HEIRS OF KUN MONGKEYA,
Appellees.
 
CIVIL ACTION NO. 12-03
 
ORDER
 
Martin Yinug
Special Justice
 
Decided: October 8, 2004

APPEARANCES:

For the Appellants:              Stephen V. Finnen, Esq.
                                             Law Offices of Saimon & Associates
                                             P.O. Box 1450
                                             Kolonia, Pohnpei FM 96941
 
For the Appellees:             Clanry S. Likiaksa, trial counselor
                                            P.O. Box 764
                                            Lelu. Kosrae FM 96944

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HEADNOTE

Appellate Review ) Decisions Reviewable
     Since the Kosrae statute requires that within 90 (ninety) days of receipt of the certified copy of the notice of appeal, the Land Court must provide to the Kosrae State Court a complete written copy of the transcript of proceedings, when the transcript that is part of the record is only a summary of the Land Court hearing and not a verbatim transcript and when the tape of the hearing has either been erased or is inaudible and it is thus not possible to produce a complete transcription of the hearing now, the court, in light of the statute’s requirement, can see no alternative but to remand the matter to the Land Court for rehearing. The sole purpose of this rehearing is to insure that a complete record of the hearing is made and preserved so that a verbatim transcript may be prepared. Heirs of Mackwelung v. Heirs of Mongkeya, 13 FSM Intrm. 20, 21 (Kos. S. Ct. Tr. 2004).

[13 FSM Intrm. 21]

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COURT’S OPINION

MARTIN YINUG, Special Justice:

     A problem has arisen with the record in this appeal, and specifically with respect to the transcript of the proceedings before the Kosrae Land Court. The clerk of the state court advises that the transcript that is now part of the record is a summary of the hearing before the Land Court and not a verbatim transcript. The summary is dated April 13, 2001, but does not indicate whether the hearing was held on that date or at some other time. (A translation dated September 23, 2004, has been prepared, and the clerk of the state court is directed to amend the record on appeal to include the translation.) A tape of the hearing before the Land Court was made, but that tape has either been erased or is inaudible. Thus it is not possible to produce a complete transcription of the hearing now.

     Section 11.614(2)(a) of the Kosrae State Code provides in pertinent part that "[w]ithin 90 (ninety) days of receipt of the certified copy of the notice of appeal, the Land Court shall provide to the State Court the following items from the decision being appealed: . . . (ii) A complete written copy of the transcript of proceedings." In light of this requirement of the statute, the court can see no alternative but to remand this matter to the Land Court for rehearing. The sole purpose of the rehearing is to insure that a complete record of the hearing is made and preserved so that a verbatim transcript may be prepared.

     Accordingly, the Kosrae Land Court will rehear this matter, in accordance with this order, no later than 90 days from the date of this order. As required by Kos. S.C. § 11.612, the Land Court will then issue its findings and decisions no later than 120 days after the hearing.

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