Atkins Kroll v. Ferrera Jr.
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledDecember 13, 2019
Docket2019-SCC-0003-CIV
JudgeInos
StatusPublished
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Full Opinion
IN THE
SUPREME COURT
OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
ATKINS KROLL (SAIPAN), INC.,
Plaintiff-Appellant,
v.
PRIMO FERRERA, JR.
Defendant-Appellee.
SUPREME COURT NO. 2019-SCC-0003-CIV
SUPERIOR COURT NO. 18-0126
OPINION
Cite as: 2019 MP 10
Decided December 13, 2019
Michael White, Saipan, MP, for Plaintiff-Appellant.
Primo Ferrera, Jr. (Pro Se), Saipan, MP, for Defendant-Appellee.
Atkins Kroll, Inc., v. Ferrera, 2019 MP 10
BEFORE: ALEXANDRO C. CASTRO, Chief Justice; JOHN A. MANGLOÑA,
Associate Justice; PERRY B. INOS, Associate Justice.
MANGLOÑA, J.:
¶1 Plaintiff-Appellant Atkins Kroll (Saipan), Inc. (“Atkins Kroll”) sued
Defendant-Appellee Primo Ferrera, Jr. (“Ferrera”) in small claims for a
deficiency judgment on a vehicle purchase. The small claims court ruled for
Ferrera, holding that Atkins Kroll failed to meet the notice requirement of 5 CMC
§ 9504(3) (“Section 9504(3)”).1 On appeal in the Superior Court, Atkins Kroll
requested a new trial, which the trial court denied in its Order Denying Plaintiff’s
Appeal (“Order”). For the following reasons, we REVERSE the trial court’s Order
and REMAND for a new trial in the Superior Court.
I. FACTS AND PROCEDURAL HISTORY
¶2 Ferrera entered into a loan agreement with Atkins Kroll to purchase a
motor vehicle but subsequently failed to pay monthly installments required under
the agreement. Atkins Kroll repossessed and resold the vehicle, then sued Ferrera
in small claims court for a deficiency judgment of $3,675.02, including pre-
judgment interest, court costs, and attorney’s fees. The small claims court
decided in favor of Ferrera because Atkins Kroll failed to meet the notice
requirement of Section 9504(3). While Atkins Kroll provided the small claims
court with certified mail notice letters from First Hawaiian Bank addressed to
Ferrera, it did not provide return receipts. The small claims court also did not
accept into evidence a statement by Atkins Kroll’s counsel that the letters were
mailed to Ferrera.
¶3 Atkins Kroll appealed to the Superior Court, asserting it was entitled to a
“trial de novo” under Chen’s Corp. v. Hambros, 2007 MP 4, which it understood
as synonymous with a new trial. In reviewing the small claims judgment, the trial
court stated that “the Superior Court reviews appeals from small claims cases de
novo.” Atkins Kroll, Inc. v. Ferrera, Jr., Civ. No. 18-0126 (NMI Super. Ct. Mar.
6, 2019) (Order at 2). The trial court appeared to understand its review as
deferring to the small claims court’s factual findings and reviewing its legal
conclusions de novo. The trial court denied the appeal, refusing to conduct a new
trial and affirming the small claims court’s legal determination that Atkins Kroll
failed to meet the Section 9504(3) notice requirement. Atkins Kroll appeals.
II. JURISDICTION
¶4 We have appellate jurisdiction over final judgments and orders of the
Commonwealth Superior Court. NMI CONST. art. IV, § 3.
1
Section 9504(3) states, in relevant part: “[R]easonable notification of the time and place
of any public sale or reasonable notification of time after which any private sale or other
intended disposition is to be made shall be sent by the secured party to the debtor . . .
.” 5 CMC § 9504(3).
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Atkins Kroll, Inc., v. Ferrera, 2019 MP 10
III. STANDARD OF REVIEW
¶5 The only issue on appeal is whether the trial court erred in refusing to
grant Atkins Kroll a new trial under Rule 83 of the NMI Rules of Civil Procedure
(“Rules”). We review an order denying a new trial on appeal from a small claims
judgment for manifest or gross abuse of discretion. Bank of Hawaii v. Sablan,
1997 MP 9 ¶ 3. “A trial court abuses its discretion when it clearly exceeds the
bounds of reason or disregards rules or principals of law and practice to the
substantial detriment of a party or litigant.” Fitial v. Kim Kyung Duk, 2001 MP
9 ¶ 2. Whether the trial court correctly interpreted Rule 83’s procedures for small
claims appeals is a question of law reviewed de novo. Ishimatsu v. Royal Crown
Ins. Corp., 2012 MP 17 ¶ 27.
IV. DISCUSSION
¶6 Atkins Kroll relies on Hambros for the proposition that it was entitled to a
new trial in the Superior Court, in which it would have the opportunity to present
new evidence. Opening Br. 3. It relies on language citing the Rules, that “[a]
defendant who has had a small claims judgment rendered against him may appeal
the judgment by requesting, in writing, a new trial in the Superior Court within
30 days after the judgment was entered.” Hambros, 2007 MP 4 ¶ 5 (emphasis
added). Atkins Kroll contends that the trial court erred in accepting the small
claims court’s factual findings at face value rather than giving the parties the
opportunity to present new evidence. Opening Br. 3. Ferrera did not file a
response brief.
¶7 We limit our inquiry to whether the trial court abused its direction in
denying Atkins Kroll a new trial. See Bank of Hawaii, 1997 MP 9 ¶ 3 (affirming
denial of a new trial on appeal from a small claims judgment). We will find an
abuse of discretion if the trial court disregarded the Rules to the substantial
detriment of Atkins Kroll. See Kim, 2001 MP 9 ¶ 2. Atkins Kroll suffered such a
substantial detriment if it was actually prejudiced by denial of its motion for a
new trial and it could have prevented such prejudice at trial. Robinson v.
Robinson, 1 NMI 81, 91 (1990) (citing Guam Memorial Hospital v. Dale, 2 CR
291, 304 (Dist. Ct. App. Div. 1985)). The proper interpretation of Rule 83 is a
question of law reviewed de novo. Ishimatsu, 2012 MP 17 ¶ 27.
¶8 Appeal from an adverse small claims judgment is heard first by the
Superior Court, to “give the lower court an opportunity to make a ruling based
on more formal rules of evidence and procedure” and “make any resulting appeal
to the Supreme Court more capable of setting forth an adequate record.”
Hambros, 2007 MP 4 ¶ 5. Whereas small claims adjudications prioritize speed
and informality, new trials on appeal follow formal rules of evidence and
procedure. Small claims procedures are governed by NMI Rule of Civil
Procedure 83. At the time Hambros was decided, in 2007, appeals from small
claims judgments to the Superior Court were governed by what was then Rule
83(i), Small Claims Procedure; the controlling section of the current Rule is 83(j).
It then read, in pertinent part, “[a]ny defendant who has had a small claims
judgment rendered against him/her may appeal the judgment by requesting, in
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Atkins Kroll, Inc., v. Ferrera, 2019 MP 10
writing, a new trial in the Superior Court within 30 days after the judgment was
entered.” NMI R. CIV. P. 83(i), repealed by Administrative Order 2015-ADM-
0003-RUL (NMI Sup. Ct. Mar. 3, 2015). Subsequent amendment to the rule’s
language did not substantively alter the procedure for small claims appeals in the
Superior Court.
¶9 Here, the Superior Court misinterpreted our holding in Hambros. It cited
Hambros for the proposition that it “reviews appeals from small claims cases de
novo,” which it took to mean accepting the small claims court’s factual findings
and merely reviewing its legal determinations. Order at 2 n.3. This was a
misreading of Hambros, which clearly states that a party is entitled to a new trial
on appeal from a small claims judgment, in accord with then-controlling Rule
83(i). 2007 MP 4 ¶ 5. As Hambros noted, the practice in many jurisdictions,
including Vermont and California, was that “the losing party in small claims
court may appeal to Superior Court and obtain a de novo trial.” Id. (citing Cold
Springs Farm Development, Inc. v. Ball, 661 A.2d 89, 92 (Vt. 1995); Perez v.
City of San Bruno, 616 P.2d 1287, 1291–92 (1980)). That is, “de novo trial”
means a new trial, not simply de novo review of legal determinations.
¶ 10 Granting a new trial is, however, discretionary rather than as of right, as
we held in Bank of Hawaii, 1997 MP 9 ¶ 9. There, we interpreted an earlier
version of Rule 83(i), which was amended before our Hambros decision. It then
read, “[e]ither party to a small claims judgment may have a new trial in the same
court according to the usual trial procedure for larger claims by filing a request
for a new trial within thirty (30) days after the small claims judgment.” COM. R.
CIV. PRO. R. 83(i) (emphasis added). The only material change between this
version and that which we interpreted in Hambros is that the Bank of Hawaii
version permitted either party to appeal. When we decided Hambros, only
defendants could appeal; under the current version of the Rule, either party can
once again appeal. See NMI R. CIV. P. 83(j); infra ¶ 12.
¶ 11 The discretion of the Superior Court does not however extend so far as to
prejudice the litigants by disregarding rules or procedures. Denial of Atkins
Kroll’s motion for a new trial prejudiced it by denying it the opportunity to prove
it met the Section 9504(3) notice requirement, a defect which could be remedied
with a new trial. See Robinson, 1 NMI at 91. Atkins Kroll stated in its pleading
before the Superior Court that it would produce a certified mail receipt in a new
trial. Atkins Kroll, Inc. v. Ferrera, Jr., Civ. No. 18-0126 (NMI Super. Ct. Aug.
30, 2018) (Memorandum 3). The trial court’s citation to Hambros to support the
proposition that it could review the small claims judgment’s legal conclusions de
novo while leaving its factual findings intact was in error. Atkins Kroll maintains
that the small claims court did not give sufficient weight to its evidence
purporting to show that notice was actually delivered; this justifies new factual
findings in a new trial. Denial of a new trial in Bank of Hawaii was precisely
premised on the absence of a need for new factual findings. “[H]ad a new trial
been granted, it would have been based solely on [a] legal issue . . . [which] had
already been addressed at the small claims court.” 1997 MP 9 ¶ 9. Here, by
3
Atkins Kroll, Inc., v. Ferrera, 2019 MP 10
contrast, additional factual findings on remand may be dispositive of the notice
issue.
¶ 12 Our holdings in Bank of Hawaii and Hambros are unchanged by the
subsequent amendment of the Rules. Rule 83(j), adopted in 2015, now controls
procedure for appeals to the Superior Court. It reads, in part, “[a]ny party may
appeal an adverse judgment to the Superior Court within 30 days after the
judgment was entered . . . .” NMI R. CIV. P. 83(j). This language is admittedly
less straightforward than the previous Rule 83(i), as it no longer explicitly
includes the phrase “new trial.” Nonetheless, it remains the case that appellants
from small claim’s judgments are entitled to a new trial in the Superior Court.
¶ 13 The intention in amending the language of Rule 83 was in part to grant the
right to plaintiffs as well as defendants to appeal an adverse judgment. Rule 83(j)
now reads “[a]ny party may appeal an adverse judgment . . . .” whereas the
former Rule 83(i) reads “[a]ny defendant . . . may appeal . . . .” (emphases added).
The new language also clarifies the timeline for a status conference and hearings
in a small claims appeal. Language added to 83(j) includes the following:
Within 30 days of the filing of a Notice of Appeal, the judge to
which the case is assigned shall set the case for a status
conference. At the status conference, the judge may issue
appropriate orders for the conduct of the case, in accordance with
the Commonwealth Rules of Civil Procedure.
This status conference is the occasion for the judge to determine if, for example,
the parties intend to present evidence not admitted in small claims, in accord with
formal rules of evidence and procedure. The clause “in accordance with the
Commonwealth Rules of Civil Procedure” clarifies that a new trial is conducted
on appeal.
¶ 14 The dissent’s fear that our decision today opens the floodgates to meritless
small claims appeals is unfounded. Small claims procedure is designed so that
such cases may be “fully disposed of with less formality, paperwork, and
expenditure of time than is required by the ordinary procedure for larger claims.”
NMI R. CIV. P. 83(b). All that was required here was for the small claims judge
to provide Atkins Kroll with the later opportunity to supplement its notice letter
with a receipt slip, an opportunity that likely would have been afforded to a pro
se litigant. A new trial in the Superior Court is not a second bite at the apple; it
is simply rectifying the failure of the small claims court to “assist the parties, as
it deems appropriate, to expedite the presentation of the evidence being offered.”
NMI R. CIV. P. 83(f). Unnecessary costs and protracted litigation are to be
avoided through informal and efficient procedure in small claims in the first
place, not through denying a party’s right to a new trial on appeal. On these facts,
a new trial is appropriate.
¶ 15 The trial court’s holding that it reviews small claims judgments de novo
but without the opportunity to make new factual findings was a mistaken
application of Hambros and of Rule 83(j). Rule 83(i) at the time of the Hambros
4
Atkins Kroll, Inc., v. Ferrera, 2019 MP 10
decision clearly provided for a new trial on appeal in the Superior Court, and that
remains the procedure despite the change in the Rule’s language. Though
granting a new trial on appeal from a small claim’s judgment is discretionary
rather than as of right, the court abused that discretion in denying Atkins Kroll
the opportunity to present new evidence that may prove dispositive.
¶ 16 It is for the trial court to determine on remand, with the benefit of new
findings of fact, whether Atkins Kroll met the Section 9504(3) notice
requirement.
V. CONCLUSION
¶ 17 For the foregoing reasons, we REVERSE the trial court’s Order and
REMAND for a new trial in the Superior Court.
SO ORDERED this 13th day of December, 2019.
/s/
ALEXANDRO C. CASTRO
Chief Justice
/s/
JOHN A. MANGLOÑA
Associate Justice
5
Atkins Kroll, Inc., v. Ferrera, 2019 MP 10
INOS, J., dissenting:
¶ 18 I find the trial court properly denied Atkins Kroll’s appeal and, therefore,
respectfully dissent.
¶ 19 I understand a new trial on appeal under Rule 83 to be more limited than
does the majority. Its purpose is to allow the Superior Court to make its rulings
based on formal rules of evidence and civil procedure and to set forth an adequate
record if a party further appeals to the Supreme Court. See Hambros, 2007 MP 4
¶ 5. Small claims proceedings are informal, the parties are encouraged to
personally handle their claims without counsel, and the usual rules of evidence
or procedure are not binding. NMI R. CIV. P. 83(b). The aim of a new trial is not
to give the losing party unbounded license to relitigate any issue already tried in
small claims. Specifically, I would hold the purpose of a new trial is not to
present new evidence that was not offered in small claims. What this case
amounts to is that Atkins Kroll did not meet its evidentiary burden to prove it
met the Section 9504(3) notice requirement. Rule 83(j) is not intended to
circumvent a party’s failure to present sufficient evidence in small claims.
¶ 20 Atkins Kroll’s reliance on Hambros is misplaced. There, we emphasized
that Rule 83 called for a new trial in the Superior Court because the parties had
bypassed the appeal to the Superior Court altogether, appealing directly from
small claims to the Supreme Court. 2007 MP 4 ¶ 1. Neither party was represented
by counsel and the record of the resulting appeal was inadequate. Id. ¶ 3. It was
entirely proper in that context to dismiss the appeal.
¶ 21 The facts of the case before us are quite different. First, Atkins Kroll was
represented by counsel. Second, while the proceeding was supposed to be
conducted informally and the rules of evidence and civil procedure do not apply,
Atkins Kroll made numerous objections, allowing the court to make formal
evidentiary and procedural rulings.2 Third, Atkins Kroll did not offer the certified
return receipt, or a copy thereof, to prove that the notice at issue was sent. It
offered no witness to testify to this. If it had put the small claims court on notice
that it had this evidence and had still lost and been denied a new trial, I would
reverse the trial court. However, it simply rested on the notice letter which
Ferrera and another witness testified they did not receive. Finally, Atkins Kroll
is not seeking an appeal to avail itself of the rules of evidence or civil procedure
but to introduce new evidence which was not available or offered in small
2
Atkins Kroll did not provide transcripts of the small claims trial or the hearing in the
Superior Court when assembling the record. Ferrera, proceeding pro se, did not
supplement the record, and it was accordingly necessary to consult audio transcripts of
proceedings below. See Commonwealth v. Sebuu, 2011 MP 15 ¶ 5 n.2 (“We were not
provided a written transcript of the entire proceedings below, and we therefore found it
necessary to review the entire audio transcript in reaching our decision”); NMI SUP.
CT. R. 2 (“the Court may—to expedite its decision or for other good cause—suspend
any provision of these rules in a particular case and order proceedings as it directs.”)
6
Atkins Kroll, Inc., v. Ferrera, 2019 MP 10
claims.3 In the end, the conduct of the proceeding was the functional equivalent
of the formal trial that Rule 83(j) contemplates.
¶ 22 We held in Bank of Hawaii that granting a new trial on appeal to the
Superior Court is discretionary, and denial of a new trial will be overturned only
if it constitutes a “manifest or gross abuse of discretion.” 1997 MP 9 ¶ 3. There,
we upheld denial of a new trial because “had a new trial been granted, it would
have been based solely on [a] legal issue” which “had already been addressed”
in small claims. Id. ¶ 8. This case is no different. Atkins Kroll litigated in small
claims no differently than it would have in a trial fully governed by the
evidentiary or procedural rules; it simply failed to call witnesses or introduce
documents to support its case. Order at 4. It did not meet its evidentiary burden
to show it met the statutory notice requirement, and it should not be able to
supplement that evidence on appeal. A new trial would be based solely on the
legal issue of interpreting the requirements of Section 9504(3) and the trial court
therefore correctly interpreted Rule 83(j).
¶ 23 The appellate record from small claims is sufficiently well-developed, and
further proceedings to “make any resulting appeal to the Supreme Court more
capable of setting forth an adequate record” are unnecessary. Hambros, 2007 MP
4 ¶ 5. Procedures approximating those of a formal trial were followed in small
claims, including the exclusion of counsel’s own statement that the certified mail
at issue was actually sent, for example. Order at 2.
¶ 24 Rule 83(j) should not be read so as to permit a party to present new
evidence. Allowing this would open the floodgates to every losing party suddenly
discovering additional evidence on appeal and create the opportunity for
gamesmanship, undermining the policy goal to “enable small claims to be justly
decided and fully disposed of with less formality, paperwork, and expenditure of
time than is required by the ordinary procedure for larger claims.” NMI R. CIV.
P. 83(b).
¶ 25 Since granting a new trial is discretionary, the small claims proceeding
was adequately formal, and the record is already complete, I would hold that the
trial court did not abuse its discretion in denying a new trial. I would AFFIRM the
Order.
/s/
PERRY B. INOS
Associate Justice
3
Atkins Kroll stated in its Memorandum: “At trial, the Plaintiff will produce a certified
mail receipt, proving that the letter of May 24, 2017 was actually sent to the defendant.”
App. 5.
7