FSM 11 Intrm. 599-600

FSM SUPREME COURT TRIAL DIVISION

Cite as In re Estate of Helgenberger,11 FSM Intrm. 599 (Pon. 2003)

IN THE MATTER OF THE ESTATE OF
BERNARD HELGENBERGER,

Deceased,

BELLARMINE HELGENBERGER,

Administrator.

_____________________

ESTATE OF BERNARD HELGENBERGER,

Plaintiff/Respondent,

vs.

BANK OF THE FEDERATED STATES
OF MICRONESIA,

Defendant/Petitioner.

CIVIL ACTION NO. 2003-013

ORDER OF REMAND

Andon L. Amaraich
Chief Justice

Decided: May 27, 2003

APPEARANCES:

For the Defendant/Petitioner:            Fredrick L. Ramp, Esq.
                                                          Law Office of Fredrick L. Ramp
                                                          P.O. Box 1480
                                                          Kolonia, Pohnpei FM 96941

[11 FSM Intrm. 600]

For the Plaintiff/Respondent: Bellarmine Helgenberger, Administrator, pro se

For the Defendants:                          Emeka Akamigbo, Esq.
(State of Pohnpei)                            Assistant Attorney General
                                                          Office of the Pohnpei Attorney General
                                                          P.O. Box 1555
                                                          Kolonia, Pohnpei FM 96941

For the Defendants:                          Salomon Saimon, Esq.
(Boston Agrex)                                 Law Offices of Saimon & Associates
                                                          P.O. Box 1450
                                                          Kolonia, Pohnpei FM 96941

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HEADNOTES

Jurisdiction – Removal

When a party desires to remove a case from a state court to the FSM Supreme Court trial division, the requirements of General Court Order 1992-2 must be met. A petitioner cannot remove certain causes of action – that is, certain discrete legal issues and claims pertaining to petitioner – that are imbedded in a state court case. Bifurcation of a case is not anticipated nor authorized by GCO 1992-2, which pertains to the transfer of civil actions in their entirety. In re Estate of Helgenberger, 11 FSM Intrm. 599, 600 (Pon. 2003).

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COURT'S OPINION

ANDON L. AMARAICH, Chief Justice:

On April 4, 2003, defendant/petitioner Bank of the FSM filed a petition for an order removing from Pohnpei Supreme Court and docketing in the FSM Supreme Court "the causes of action relating to a Court order directed to the Bank of the Federated States of Micronesia ordering it to reinstate a time certificate of deposit which it had previously liquidated to pay off a delinquent loan." Petition to Remove at 1.

When a party desires to remove a case from a state court to the trial division of the FSM Supreme Court, the requirements of General Court Order 1992-2 must be met. Here, they are not. Petitioner seeks to remove certain "causes of action" – that is, certain discrete legal issues and claims pertaining to petitioner – that are imbedded in the probate case of Pohnpei Civil Action No. 180-01.

Bifurcation of a case is not anticipated nor authorized by GCO 1992-2, which pertains to the transfer of civil actions in their entirety. Accordingly, I find that the Petition to Remove fails to meet the requirements of GCO 1992-2. Pohnpei Civil Action No. 180-01 is hereby remanded to the Pohnpei Supreme Court Trial Division.

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