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Ngirachemoi v Iyungel Clan [2017] PWSC 30; Civil Appeal 17-009 (18 December 2017)

IN THE
SUPREME COURT OF THE REPUBLIC OF PALAU
APPELLATE DIVISION

Decided: December ____, 2017

Co for Appellant: Pro Se

Counsel for Appellee: Pro Se

BEFORE: ARTHUR NGIRAKLSONKLSONG, Chief Justice

JOHN K. RECHUCHER, Associate Justice
R. BARRIE MICHELSEN, Associate Justice

Appeal from the Land Court, the Honorable C. Quay Polloi, Senior Judge, presiding.

PER CURIAM:
On August 31, 2017, Appellant filed Civil Appeal No. 17-009, challenging the Land Court’s Determination of Ownership No. 02-0709 and Decision and Order of July 26, 2017, in which the Land Court awarded ownership of certain lots to Appellee Iyungel Clan. Appellant did not request either an audio recording or a transcript, making Appellant’s Opening Brief due on October 16, 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. 17-009 for Appellant’s failure to comply with Rule 31.

SO ORDERED, this __ day of December, 2017.

_________________________________________

ARTHUR NGIRAKLSONG

Chief Justice

JOHN K. RECHUCHER
Associate Justice

R. BARRIE MICHELSEN
Associate Justice