FSM SUPREME COURT TRIAL DIVISION
Cite as Davis v. Kutta
10 FSM Intrm. 505 ( Chk. 2002)
 
[10 FSM Intrm. 505]
 
MENRY DAVIS,
Plaintiff,
 
vs.
 
JIM KUTTA, HALVERSON NIMEISA, RESAUO
MARTIN, ERADIO WILLIAM, FRANCIS RUBEN,
JOHNSON SILANDER and the STATE OF CHUUK,
Defendants.
 
CIVIL ACTION NO. 1992-1039
 
ORDER AND MEMORANDUM
 
Martin Yinug
Associate Justice
 
Hearing: January 28, 2002
 
Decided: February 12, 2002
 
APPEARANCES:
 
For the Plaintiff:                                Stephen V. Finnen, Esq.
                                                           Law Offices of Saimon & Associates
                                                           P.O. Box 1450
                                                           Kolonia, Pohnpei FM 96941
 
For the Defendant:                           Ready Johnny, Esq.
(Chuuk)                                              Attorney General
                                                           Office of the Chuuk Attorney General
                                                           P.O. Box 189
                                                           Weno, Chuuk FM 96942
 
[10 FSM Intrm. 506]

* * * *

HEADNOTE

Contempt
     When various recent financial exigencies have affected the judgment-debtor's ability to make the payments as pledged, and the judgment-debtor felt that a payment of no more than $50,000 could be made by the end of February, and that the remainder of the judgment could be paid by the end of the fiscal year, the court is satisfied that the judgment-debtor has not intentionally disobeyed the court's order. Davis v. Kutta, 10 FSM Intrm. 505, 506 (Chk. 2002).
 
* * * *
 
COURT'S OPINION

MARTIN G. YINUG, Associate Justice:

     On January 28, 2002, the court held a hearing on plaintiff's motion for an order to show cause that was filed on January 14, 2002.

     Chuuk had committed to make payments to the plaintiff on the judgment in this case according to the following schedule: $50,000 by the end of July 2001; $100,00 by the end of October, 2001; and the remaining balance no later than the end of November, 2001. Judgment was entered in the sum of $130,000 on August 9, 1996, while an award of attorney fees in the amount of $43,237.05 was entered on December 5, 1997. Both bore interest at the statutory rate of 9%. Chuuk thus far has paid $150,000. At the hearing, plaintiff's counsel advised the court that there was principal remaining of $87,381.82, and interest of $1,357.02.

     At the hearing, Mr. Nakama Sana, Chuuk's Director of the Treasury, cited various recent financial exigencies which affected Chuuk's ability to make the payments as pledged, and indicated that he felt a payment of no more than $50,000 could be made by the end of February, and that the remainder of the judgment could be paid by the end of fiscal year 2002. Based on Mr. Sana's testimony, the court is satisfied that Chuuk has not intentionally disobeyed this court's order of May 22, 2001. Johnny v. FSM, 8 FSM Intrm. 203, 208 (App. 1997).

     Accordingly, Chuuk will pay the sum of $50,000 no later than February 28, 2001. No later than March 15, 2002, Chuuk will also advise the court of the exact amount of principal and interest left unpaid, and a proposed timetable for making that payment.

* * * *

 
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