FSM SUPREME COURT APPELLATE DIVISION

Cite as Wainit v. FSM, 17 FSM Intrm. 47 (App. 2008)

[16 FSM Intrm 47]

TADASHI WAINIT,

Appellant,

vs.

FEDERATED STATES OF MICRONESIA,

Appellee.

APPEAL CASE NO. C1-2006

ORDER DISMISSING APPEAL

Decided: August 7, 2008

BEFORE:

Hon. Richard H. Benson, Specially Assigned Justice, FSM Supreme Court *

Hon. Aliksa B. Aliksa, Specially Assigned Justice, FSM Supreme Court* *

Hon. Cyprian J. Manmaw, Specially Assigned Justice, FSM Supreme Court* * *
 

*Retired FSM Supreme Court Associate Justice

* *Chief Justice, Kosrae State Court

* * *Chief Justice, State Court of Yap


[16 FSM Intrm 48]

APPEARANCE:

For the Appellant:             Richard R. Hermes, Esq.

                                         Office of the Public Defender

                                         P.O. Box 425

                                         Colonia, Yap FM 96943

* * * *

HEADNOTES

Appellate Review

    Filing by facsimile might be accepted if the provisions of General Court Order 1990-1, ß 2 are observed. Wainit v. FSM, 16 FSM Intrm. 47, 48 (App. 2008).

Appellate Review ) Decisions Reviewable; Appellate Review ) Dismissal

    An appeal may be dismissed if it fails entirely to cite any error in the trial courtís findings or judgment. Wainit v. FSM, 16 FSM Intrm. 47, 48 (App. 2008).

* * * *

COURTíS OPINION

PER CURIAM:

    On July 14, the Appellant, by facsimile, sent a Memorandum of Points and Authorities to the Court purporting to respond to the Courtís Order to Show Cause of June 13, 2008.

    The Memorandum fails on two grounds. First, filing by facsimile is not permitted. It might have been accepted for filing had the provisions of General Court Order 1990-1, ß 2 been observed. They were not.

    Secondly, even if the Memorandum could be considered, it fails entirely to address the issue presented to the Appellant in the Order to Show Cause, namely, "why this appeal should not be dismissed for failure to cite any error in the Findings or Judgment entered by the trial court."

    The Appellant correctly points out that the reference in the Order to Show Cause to Rule 5 of the Courtís Rules of Appellate Procedure is in error, but that error does not affect the Courtís Order.

    The Appellant having failed to give any reason why the appeal should not be dismissed,

     it is ordered that the case is dismissed this 7th day of August, 2008.

* * * *