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Palau Public Lands Authority v Koror State Public Lands Authority [2011] PWSC 5; Civil Appeal 016.2010 (7 February 2011)

IN THE SUPREME COURT OF THE REPUBLIC OF PALAU
APPELLATE DIVISION

CIVIL APPEAL NO. 10-016
(Civil Action No. 08-228)

PALAU PUBLIC LANDS AUTHORITY,
Appellant

v.

KOROR STATE PUBLIC LANDS AUTHORITY, KOROR STATE GOVERNMENT,
Appellees.

ORDER

1. Following the trial court's February 7, 2010, order granting KSG's motion to dismiss and the court's March 22, 2010, order denying PPLA's motion for reconsideration, Appellant PPLA filed notice of appeal. A review of the record confirms that there is no properly appealable final judgment disposing of this case pursuant to ROP R.Civ.P. Rule 54(b). Although the trial court's order dismissing the case does not state whether it was with or without prejudice, the court's order denying the motion for reconsideration clearly states that "this matter remains dismissed without prejudice." A case dismissed without prejudice is not a final judgment appealable to the Appellate Division. See ROP R.Civ.P. Rule 54(b); 4 Am. Jur. 2d Appellate Review ' 1557). Because PPLA's appeaappeal is premature, it is hereby DISMISSED without prejudice. PPLA may refile a notice of appealr final judgment has been entered.

SO ORDERED this 7th day of February, 2011.

ARTHUR NGIRAKLSONG
Chief Justice

KATHLEEN M. SALII
Associate Justice

RICHARD H. BENSON
Part-time Associate Justice