Chapter 25

COL1201067GCA CIVIL PROCEDURE CH.25APPEALS IN CIVIL ACTIONS 1CHAPTER 25 APPEALS IN CIVIL ACTIONS Article 1. Appeals in General. Article 2. Appeals in District Court. ARTICLE 1 APPEALS IN GENERAL § 25101. Judgments and Orders May Be Reviewed. § 25102. Appealable Actions or Proceedings. § 25103. Orders Made Out Of Court, Without Notice, May Be Reviewed By the Judge. § 25104. Party Aggrieved May Appeal. § 25105. If a Person Appealing Dies. § 25106. When An Appeal May and May Not Be Dismissed. § 25107. Effect of Dismissal. § 25108. Lower Courts to Give Effe ctto Supreme Court Orders. § 25109. Remedial Powers of The Supreme Court. § 25101 . Judgments and Orders may be Re viewed. A judgment, order, or decree in a civil action, except when expressly made final by this Title, may be reviewed as prescribed in this Chapter . SOURCE: CCP § 936. NOTE: See Corn v . Guam Coral, (1963) 318 F .2d 622; Bank of America v . Webster , 439 F .2d 691 (1971); People v . Olsen , 431 U.S. 195, 97 S.Ct. 1774 (1977) . SeeNote preced ing this Title. § 25102 . Appealable Actions or Pr oceedings. An appeal in a civil action or proceeding may be taken from the Superior Court in the following cases: (a) From a

(1977) . SeeNote preced ing this Title. § 25102 . Appealable Actions or Pr oceedings. An appeal in a civil action or proceeding may be taken from the Superior Court in the following cases: (a) From a judgment, except (1) an inter locutory judgment other than as provided in subdivisions (h), (i) and (j); [and] (2) a judgment of contempt which is made final and conclu sive by § 34106 of this Title (Contempts). (b) From an order made after a judgment made appealable by subdivision (a); (c) From an order granting a motion to quash service of summons; COL1201067GCA CIVIL PROCEDURE CH.25APPEALS IN CIVIL ACTIONS 2(d) From an order grantin g a new trial or denying a motion for judgment notwithstand ing the verdict; (e) From an order discharging or refusing to discharge an attachment; (f) From an order granting or dissolving an injunction, or refusing to grant or dis solve an injunc tion; (g) From an order appointing a receiver; (h) From an interlocutory judgment, order, or decree, hereafter made or entered in an action to redeem real or personal prop ertyfrom a mortgage thereof, or a lien thereof, determining such right to redeem anddirecting an accounting; (i) From an interlocutory

ter made or entered in an action to redeem real or personal prop ertyfrom a mortgage thereof, or a lien thereof, determining such right to redeem anddirecting an accounting; (i) From an interlocutory judgment in an action for partition determining the rights and interests of the respective partie s and direct - ing partition to be made; (j) From an interlocutory decree of di vorce; [and] (k) From a n order or decree made appeal able by the provisions of the Probate Code (Title 15 of this Code). SOURCE: CCP § 936.1 added by P .L.12-85 (1974) [The Court Reorganization Act of 1974]. § 25103 . Orders made out of Court, without notice, may be reviewed by the Judge. An order made out of court, without notice to the adverse party , may be vacated or modified, without notice, by the judge who made it; or may be vacated or modified on notice, in the manner in which other motions are made. SOURCE: CCP § 937. § 25104 . Party Aggrieved may Appeal. Any party aggrieved may appeal in the cases pre scribed in this Chapter . The party appealing is known as the appellant, and the adverse party as the respondent. SOURCE: CCP § 938.

rieved may Appeal. Any party aggrieved may appeal in the cases pre scribed in this Chapter . The party appealing is known as the appellant, and the adverse party as the respondent. SOURCE: CCP § 938. NOTE: CCP § 939, Time when app eal may be taken, was repealed by P .L. 13 -156:1. In its place, P.L. 13 -156:2 amends Rule 2 of the Appellate Rules of Court, which reads: Rule 2. Appeal to Appellate Court. A. Wh en and How T aken. When an appeal is permitted by law from the Supe rior Court to the Appel late Court, the time within which an appeal COL1201067GCA CIVIL PROCEDURE CH.25APPEALS IN CIVIL ACTIONS 3may be taken shall be thirty (30) days from the date of the signing of the judgment or order if the parties are present at the time the judg ment is signed. If the parties are not present, and notic e of the rendition of the judgment is transmitted to the parties, the time for filing the notice of appeal shall commence from the date the appealing party was given notice of the rendition of the judg ment appealed. There has been some discussion to the effect that only the District Court can set the time for filing an appeal, as this is a matter of procedure not within the power of the

f the judg ment appealed. There has been some discussion to the effect that only the District Court can set the time for filing an appeal, as this is a matter of procedure not within the power of the government of Guam to determine. Howev er, the District Court provides for the same time period as does this Rule, so there is no conflict at this time (6/18/90). § 25105 . If a Person Appealing Dies. In the event of the death of any person having at his death a right of appeal, the attorney of record representing the decedent in the court in which the judgment was render ed may appeal therefrom at any time before the appointment of an execu tor or an administrator of the estate of the decedent. SOURCE: CCP § 941. NOTE: CCP § 942 has been superseded by Rule 65 of the GRCP and, therefore, will not appear here. § 25106 . When an Appeal May and May not be Dis missed. If the appellant appeals on trivial and frivolous grounds, or if he appeals on the grounds of newly discov ered evidence and is unable to present it upon the hearing, the appeal may be dismissed. SOURCE: CCP § 944. § 25107 . Effect of Dismissal.

ous grounds, or if he appeals on the grounds of newly discov ered evidence and is unable to present it upon the hearing, the appeal may be dismissed. SOURCE: CCP § 944. § 25107 . Effect of Dismissal. The dismissal of an appeal is in effect an affirmance of the judg ment or order appealed from, unless the dismiss al is expressly made without prejudice to another appeal. SOURCE: CCP § 945. NOTE: The CCP contai ned no § 946 or § 947. § 25108 . Lower Courts to Give Effect to Su preme Court Orders. Any order or judgment issued by the Supreme Court in a case reviewed byit, on appeal or otherwise may be certified to the Superior Court to be attached to the record of the case, and the Superior Court shall give immediate effect to such order or judgment, certified to it. SOURCE: CCP § 948; amended by P .L. 12 -85. COL1201067GCA CIVIL PROCEDURE CH.25APPEALS IN CIVIL ACTIONS 4NOTE: This section is affected by the Olsen decision. See Note to § 25101. There is now no Supreme Cou rt of Guam, but see Part 1 of this Title. The former section, referring to the District Court, reads: Any order or judgment issued by the District Court in a case reviewed by it, on appeal or otherwise, may be

, but see Part 1 of this Title. The former section, referring to the District Court, reads: Any order or judgment issued by the District Court in a case reviewed by it, on appeal or otherwise, may be certified to the Superior Court to be attach ed to the record of the case, and the Superior Court shall give immediate effect to such order or judgment certified to it. Island Court has been changed to Superior Court pursuant to those portions of P.L. 12 -85 which remain valid, namely , those portions which reorganize the trial court of Guam. § 25109 . Remedial Powers of the Supreme Court. When the judgment or order is reversed or modified, the Supreme Court may make com plete restitution of all property and rights lost by the erroneous judgment or o rder, so far as such restitution is consistent with protection of a purchaser of property at a sale ordered by the judgment, or had under process issued upon the judgment, on the appeal from which the proceed ings were not stayed; and for relief in such ca ses the appellant may have his action against the respondent enforcing the judgment for the proceeds of the sale of the property , after deducting therefrom the expenses of sale.

or relief in such ca ses the appellant may have his action against the respondent enforcing the judgment for the proceeds of the sale of the property , after deducting therefrom the expenses of sale. When it appeals to the Supreme Court that the appeal was made for delay , it ma y add to the costs such damages as may be just. SOURCE: CCP § 949 amended by P .L. 12 -85. NOTE: This section, likewise, has been rendered null and void, at least with respect to the Supreme Court, by the Olsen decisions. But see Part 1 of this title re garding the new Supreme Court of Guam. Former § 949 reads the same as does this section, except that the former section refers to the District Court. Because of the Olsen decision, the former section, with its reference to the District Court, has been reac tivated, at least until the implementation of the new Supreme Court.. ---------- ARTICLE 2 APPEALS TO THE APPELLA TE COURT § 25201. When an Appeal may be T aken. § 25202. Appeals by Executors, etc. § 25203. Acts of Executors, etc., where Appointment V acated. § 25204. How Appeal is Perfected. COL1201067GCA CIVIL PROCEDURE CH.25APPEALS IN CIVIL ACTIONS 5§ 25201 . When an Appeal may be T aken.

c. § 25203. Acts of Executors, etc., where Appointment V acated. § 25204. How Appeal is Perfected. COL1201067GCA CIVIL PROCEDURE CH.25APPEALS IN CIVIL ACTIONS 5§ 25201 . When an Appeal may be T aken. An appeal to the Supreme Court may be taken from the Superior Court in any case in which the Supreme Court has jurisdiction as set forth in § 2202 of this Title. SOURCE: CCP § 963 amended by P .L. 9 -256 and P .L. 12 -85. Because of the Olsen case, references here must necessarily refer to the Appellate Division of the District Court of Guam until the new Supreme Court is implemented. NOTE: No § 964 is contained in the origina l Code of Civil Procedure. § 25202 . Appeals by Executors, etc. When an executor , administrator, or guardian, who has given an official bond, appeals from a judgment or order of the Superior Court made in the proceedings had upon the estate of which he i s executor , administrator , or guardian, his official bond shall stand in the place of an undertaking an appeal; and the sureties thereof shall be liable as on such undertaking. SOURCE: CCP § 965. § 25203 . Acts of Executors, etc., where Ap pointment V acated.

all stand in the place of an undertaking an appeal; and the sureties thereof shall be liable as on such undertaking. SOURCE: CCP § 965. § 25203 . Acts of Executors, etc., where Ap pointment V acated. When the judgment or order appointing an executor or administrator or guardian is reversed on appeal, for error , and not for want of jurisdiction of the court, all lawful acts in administration upon the estate performed by such executor or administra tor or guardian, if he had qualified, are as valid as if such judgment or order had been affirmed. SOURCE: CCP § 966. § 25204 . How Appeal is Perfected. An appeal from the Superior Court is taken and perfected by filing with the clerk of the court a wri tten notice stating the appeal from the judgment, order , or decree, or some specific part thereof, within the time limit prescribed by Rule 2 of the Appellate Rules of Court, and by giving a bond with sufficient surety , to be approved by the judge of the S uperior Court, in the sum of Two Hundred Dollars ($200.00) condition for the payment of all such costs and fees in the actions as may be awarded against the appellant. SOURCE: CCP § 967.

dge of the S uperior Court, in the sum of Two Hundred Dollars ($200.00) condition for the payment of all such costs and fees in the actions as may be awarded against the appellant. SOURCE: CCP § 967. NOTE: CCP § 969 and § 970 have been repealed by P .L. 12 -85. ----------