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Western Caroline Trading Co v Ikeda [1975] TTLawRp 14; 7 TTR 246 (7 August 1975)

7 TTR 246

WESTERN CAROLINE TRADING COMPANY
and its Manager JACOB SAWAICHI,
Appellants

v.

KRISPIL O. IKEDA,
Appellee

Civil Appeal No. 68
Appellate Division of the High Court
Palau District

August 7, 1975

Unbriefed and unargued appeal. The Appellate Division of the High Court, Hefner, Associate Justice, dismissed the appeal for failure of prosecution.

Appeal and Error—Notice and Filing of Appeal

Where appeal was neither briefed nor argued, the court would not search the record to ascertain whether there was a valid appeal, and would dismiss the appeal for lack of prosecution. (Rules Crim. Proc. 31(c), 32(h) (2))
Counsel for Appellant: KALEB UDUI
Counsel for Appellee: KRISPIL O. IKEDA, PRO SE

HEFNER, Associate Justice

When an appeal is taken and, as here, it is neither briefed nor argued by the appellant, this Court should not be required to search the record to ascertain whether or not there is a valid appeal, and we decline to do so.

The appellant having failed to comply with Rules 31(c) and 32 (h) (2) of the Rules of Criminal Procedure (also applicable in civil actions), the appeal herein is dismissed for failure to prosecute the appeal in accordance with the Rules, as provided by 5 TTC, Section 52.