Cite as FSM v. Wainit,11 FSM Intrm. 31 (Chk. S. Ct. Tr. 2002)

[11 FSM Intrm. 31]

CSSC-CA-NO. 4-2002

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CSSC-CA-NO. 5-2002

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CSSC-CA-NO. 6-2002

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CSSC-CA-NO. 7-2002

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[11 FSM Intrm. 32]

CSSC-CA-NO. 8-2002

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Hearing: May 20, 2002
Decided: June 19, 2002

APPEARANCES:

HEADNOTES

Admiralty; Jurisdiction

Jurisdiction over admiralty and maritime cases resides exclusively with the FSM Supreme Court trial division. The language of the FSM Constitution is clear and unambiguous in this regard. Robert v. Sonis, 11 FSM Intrm. 31, 33 (Chk. S. Ct. Tr. 2002).

Admiralty

Cases involving claims for wages by seamen are maritime cases. Robert v. Sonis, 11 FSM Intrm. 31, 33 (Chk. S. Ct. Tr. 2002).

Admiralty; Jurisdiction

The exclusive nature of the national court jurisdiction is such that the FSM Supreme Court appellate division has held that it does not have the power to abstain from admiralty and maritime cases. Robert v. Sonis, 11 FSM Intrm. 31, 33 (Chk. S. Ct. Tr. 2002).

[11 FSM Intrm. 33]

Jurisdiction

Plaintiffs cannot rely on a default judgment entered in excess of the trial court's jurisdiction in another case as conferring jurisdiction on the court in their cases. Robert v. Sonis, 11 FSM Intrm. 31, 33 (Chk. S. Ct. Tr. 2002).

COURT'S OPINION

SOUKICHI FRITZ, Chief Justice:

I. PROCEDURAL HISTORY

These consolidated cases, all filed on January 14, 2002, claim hazardous pay for Plaintiffs, who are in the employ of the Chuuk State Department of Transportation as "seamen and port operators on Federated States of Micronesia Class III Vessels." Complaint, ¶ 7.¹ Defendants answered each complaint, and alleged as an affirmative defense that this Court lacked jurisdiction over the claims of the various Plaintiffs.

On May 16, 2002, Defendants filed in two of these cases, their Motion to Dismiss Action, based on their contention that these cases sound in admiralty and maritime law, and are therefore within the exclusive jurisdiction of the Supreme Court of the Federated States of Micronesia. The Court, determining that the cases were subject to consolidation, entered its order consolidating the cases, and setting a hearing on the Defendants' motions to dismiss for June 4, 2002. Plaintiffs filed their oppositions to the motion to dismiss on May 29, 2002. Hearing was held as scheduled on June 4, 2002. For the reasons stated below, the Court grants Defendants' motion to dismiss for lack of jurisdiction.

II. THE COURT LACKS JURISDICTION OVER THESE CLAIMS

Jurisdiction over admiralty and maritime cases resides exclusively with the Federated States of Micronesia Supreme Court Trial Division. Article IX, § 6(a) of the Constitution of the Federated States of Micronesia provides: "The trial division of the Supreme Court has original and exclusive jurisdiction in . . . admiralty and maritime cases . . . ." (emphasis added).

The language of the FSM Constitution is clear and unambiguous in this regard. Cases involving claims for wages by seamen are maritime cases. 2 AM. JUR. 2D Admiralty § 72, at 759-60 (1962); Federal Business Dev. Bank v. S.S. Thorfinn, 4 FSM Intrm. 367, 374 (App. 1990). The exclusive nature of the national court jurisdiction is such that the FSM Supreme Court Appellate Division has held that it does not have the power to abstain from admiralty and maritime cases. M/V Hai Hsiang # 36 v. Pohnpei, 7 FSM Intrm. 456, 459 (App. 1996).

Plaintiffs' reliance on Sikata v. Department of Transp., CSSC-CA-NO. 131-98 (Chk. S. Ct. Tr. 1999) is unavailing. The judgment in that case was entered after the default of the Defendants, and the issue of jurisdiction was never raised. Plaintiffs cannot rely on an judgment entered in excess of the trial court's jurisdiction in another case as conferring jurisdiction on this Court in these consolidated cases.

[11 FSM Intrm. 34]

Without jurisdiction, this Court can proceed no further. Good cause appearing, these consolidated cases are due to be dismissed, and they hereby are DISMISSED WITHOUT PREJUDICE.