Supreme Court dismisses appeal
The Supreme Court issued ANZ Guam, Inc. v. Lizama, which dismissed an appeal of a January 2001 amended default judgment and February 2013 order directing a foreclosure sale.
Jesus T. Lizama dba Victoria Hotel and J&JEV Enterprises argued that the trial court improperly issued the foreclosure order because it relied on a defective default notice underlying the amended judgment, and he cured the default.
The high court addressed jurisdiction over the appeal of the amended judgment and foreclosure order—the threshold issue to be resolved before considering the merits of an appeal. The court held it did not have jurisdiction over (1) the amended judgment because Lizama did not timely appeal the amended judgment, and (2) the foreclosure order because it was not a final order for purposes of reviewing the amended judgment. Therefore, the court did not reach the merits of the case.
The Supreme Court’s full opinion, 2014 MP 11, can be found at: http://www.cnmilaw.org/supreme14.html. (NMI Judiciary)
