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Babauta v Island Equipment Co, Inc [1970] TTLawRp 5; 5 TTR 84 (3 February 1970)

5 TTR 84

VICENTE SN. BABAUTA,
Appellant

v.

ISLAND EQUIPMENT CO., INC.,
Appellee

Civil Appeal No. 36

Appellate Division of the High Court
Mariana Islands District

February 3, 1970

Before SHOE CRAFT, Chief Justice, BURNETT and TURNER, Associate Justices

OPINION OF THE COURT

SHOE CRAFT; Chief Justice

It being apparent on the record that the Notice of Appeal was·not filed within the time specified in Section 198 of the Trust Territory Code, this matter is hereby dismissed.

CONCURRING

TURNER, Associate Justice

I agree with the result reached by the majority but for a different reason.

When an appeal is taken and 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. I decline to do so. The appeal should be dismissed for want of prosecution.

What we said in Debesol v. Trust Territory, 4 TTR 556, concerning waiver of assignments of error because they were neither briefed nor argued is equally applicable here.