In re Estate of Tudela
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledDecember 7, 1992
Docket92-010
JudgeVillagomez, Hillblom, Bellas
StatusPublished
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Full Opinion
CLERK OF COURT
SUPREME COURT. CNMI
FILED
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IN THE SUPREME COURT OF THE
COHMONWEALTH OF THE NORTHERN MARIANA ISLANDS
IN RE ESTATE OF: ) APPEAL NOS. 92-010 .� 92-0ll
) CIVIL ACTION NO 86-834P • .
SANTIAGO C. TU D E LA, )
) ORDER DENYING MOTIOn TO DIS!USS
Deceased. )
____ )
Appellee, Loriebell Tudela ( "Loriebell") , has moved to dismiss
this appeal on two grounds: (1) appellants have no standing to
bring this matter up on appeal, and (2) appellants failed to appeal
the order of the trial court entered on July 13, 1988, which
determined Loriebell to be the sole heir of Santiago C.. Tudela
("Order"), within 30 days as required by the Rules of Appellate
Procedure of the Appellate Division of the District Court, which
had jurisdiction over appeals in 1988. Therefore, Loriebell
argues, the appellate court lost appellate jurisdiction. We will
examine each of Loriebell's arguments.
1. Appellants• Standing
Loriebell argues that the trial court's Order effectively
rendered the appellants strangers to the estate and, therefore,
they have no standing to file their appeal. �Vith respect to
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appellants Francisco Pangelinan and Connie Pangelinan (Francisco
and C onnie ) , Loriebell argues that since thay failed to timely file
any claim against the estate, and since the trial court has found
that their late claims have been time-barred, they too have no
standing to appeal.
Appellants counter that they do have sta ndin g because, should
it be deternined that Loriebell is not the sole heir of the
decedent, they, as presu�ptive he i rs of the decedent, w i ll have a
legal interest in the estate fro:n r.vhich they derive thair st anding .
Francisco and C o n n i e claim interests in lands which are part of the
estate and which they c laim were purchased by the d eced en t for
t hem .
Ne agree wi t h appellants that t he y may have pecuniary and
property interest that will be affected by the outcome of this
case. 1 Therefore, they have s t a nding .
�. Appellate Jurisdiction
Lo rie bell argues t hat under 8 CNC § 2206,2 appe l l an ts should
have appealed the Orde r wi th in 30 d a ys of the date of its entry.
See Borja v, Ranqamar, No. 89·009 (N.H.!. Sept. 17, 1990).
z 8 CMC § 2206. Appealable Orders.
An appeal may be taken from an order granting or revoking Letters testamentary or of
administration; admitting a will to probate or revoking the probate of a will; setting aside
an estate claimed not to exceed S1,500 in value; setting apart property as a homestead or
clai � to be ex�t from execution; confirming a report of an appraiser or appraisers in
setting apart a homestead; granting or modifying a famiLy allowance; directing or au thorizing
the sale or conveyance or confirming the sale of property; settling an account of an executor
or administrator or trustee, or in�tructing or appointing a trustee; directing or alLowing the
payment of a debt, claim, tegacy, or attorney's fee; determining heirship or the persons to
whom distribution should be made or trust property should pass; distributing property; refusing
to or.ake ,�ny order mentioned in this section; or fixing an inherit�nce t�x or determining that
none is d""e·
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She contends that appellants• failure to appeal within that JO-day
period renders the Order non-appealable and denies this court
jurisdiction over the appeal.
In examining Loriebell' s argument, we first must determine
whether 8 CMC § 2206 requires that an appeal be made within 30 days
after an appealable order is issued, or whether a party may wait
until the final determination of th e probate case to appeal. That
is, whether an appeal pursuant to 8 CMC § 2206 is per::tissive or
mandatory. If the statute is mandatory, than this appeal nust be
dismissed. If, however, the s ta t u t e is p e rn issiv e in seep�, then
appellants would have timaly brought their appeal and we would have
jurisdiction to hear the appeal.
We have previously allowed parties in probate proceedings to
appeal certain orders determining heirship immediately after such
orders are issued and prior to the issuance of the final decree or
the closing of the estate. In the Estate of Aldan, No. 90-045
(N.M.I. Oct. 3, 1991) 1 the appeal was brought before closing of th3
estata. In the Estate of Rofag, No. 89-019 (N.M.I. Feb. 22, 1991),
the appeal was also brought immediately after deter'"lination of
heirship, but prior to the closing of the estate.
on the other hand, in the Estate of Guerrero, No. 91-014
(N.M.I. Sept. 21, 1992), the appellant (the administratrix)
appealed the determination of heirship years later, at the
conclusion of the probate case. We allowed the appeal even though
more than 30 days had elapsed since the issuance of the order
determining heirship.
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The decision of whether an order, which is appealable pursuant
to 8 CMC § 2206, should be appealed immediately, or after entry of
the final decree of distribution (provided proper objections are
made), is one pr operly left to the discretion of the parties. A
party's decision of when to bring its appeal will necessarily
depend upon a variety of factors, including the nature of the
order� the nature of the dispute; the relationship between the
parties; the effect that the order might have upon other issues to
ba addressed in the probate case; the financial and other burdens
that the appeal may place on the parties; considerations of
judicial economy; and other factors.
A party who has agreed to an appealable order (or tacitly
agreed by raising no objection to the order) would have no basis to
appeal the order within 30 days nor at the close of the probate
cas e. However, an order relating to an issue which is disputed or
objected to by the aggrieved party or parties puts the parties on
notice that the disputed issue may likely be the subject of an
appeal. So long as a party did not agree to, but rather timely
contested an order in the proceedings below, the party has properly
preserved its right to appeal the order and may decide if and when
to bring its appeal therefrom.
We interpret the language of 8 CMC § 2206 to be permissive,
not mandatory. A party who has contested an appealable order may
appeal either within 30 days of the issuance of the order, or
within 30 days after the conclusion of the probate case, as
appellants did. Here, the appellants did not agree but contested
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the order of July 13, 1988.
Appellants have standing to appeal· and timely filed their
Li\RR)//L.! HILLBLON./ Special Judge
TIMOTHY�ELLAS, Special Judge
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