Manglona v. Tenorio
CourtSupreme Court of The Commonwealth of The Northern Mariana Islands
Date FiledSeptember 30, 2004
Docket02-015-GA
JudgeDemapan, Borja, Sukola
StatusPublished
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Full Opinion
FOR PUBLICATION
IN THE
SUPREME COURT
OF THE
COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
____________________________________
GUADALUPE P. MANGLONA,
Plaintiff-Appellee,
v.
MARGARITA R. TENORIO,
Defendant-Appellant.
____________________________________
Supreme Court Appeal No. 02-015-GA
Civil Action No. 93-1061
____________________________________
DENIAL OF PETITION FOR REHEARING
Cite as: Manglona v. Tenorio, 2004 MP 21
Petition submitted on September 16, 2004
Saipan, Northern Mariana Islands
Decided September 30, 2004
Attorney for Plaintiff/Appellee: Attorney for Defendant/Appellant:
Michael W. Dotts G. Anthony Long
O’Connor Berman Dotts & Banes P.O. Box 504970
P.O. Box 501969 Saipan, MP 96950
Saipan, MP 96950
BEFORE: MIGUEL S. DEMAPAN, Chief Justice; JESUS C. BORJA, Justice Pro
Tempore; ANITA A. SUKOLA, Justice Pro Tempore
PER CURIAM:
¶1 Appellee Guadalupe P. Manglona (“Petitioner”) petitions this Court for rehearing,
claiming that our Opinion, Manglona v. Tenorio, 2004 MP 17, was based on our
misunderstanding of the trial court’s findings. We have reviewed the trial court’s Partial
Judgment and Order for Status Conference and we find no law or fact that we overlooked or
misapprehended. Accordingly, we DENY this petition.
I.
¶2 Petitioner claims that, contrary to this Court’s conclusion, the trial court had not
determined whether the parties had expressly or impliedly consented to trying the issue of unjust
enrichment.
¶3 However, the trial court rested its judgment on its finding of consent. In fact, the trial
court concluded as follows: “[p]ursuant to Com. R. Civ. P. 15(b) . . . this court GRANTS the
plaintiff leave to amend her [C]omplaint . . . . .” Manglona v. Tenorio, Civ. No. 93-1061 (N.M.I.
Super Ct. Jul. 31, 1995) (Partial Judgment and Order for Status Conference at 11). Rule 15(b)
provides, “[w]hen issues not raised by the pleadings are tried by express or implied consent of
the parties, they shall be treated in all respects as if they had been raised in the pleadings.” Here,
the trial court made a finding of consent by the parties, and as we discussed previously in
Manglona v. Tenorio, 2004 MP 17 ¶ 13, the trial court’s reasoning was flawed. There was
neither express nor implied consent by the parties to try a claim of unjust enrichment, and as
such, the trial court abused its discretion when it granted leave to amend the complaint.
II.
¶4 For the reasons stated above, Petitioner has failed to show any points of law or fact that
this Court overlooked or misapprehended. The Petition for Rehearing is hereby DENIED.
SO ORDERED THIS 30th DAY OF SEPTEMBER 2004.
/s/______________________
MIGUEL S. DEMAPAN
Chief Justice
/s/______________________________ /s/______________________________
JESUS C. BORJA ANITA A. SUKOLA
Justice Pro Tempore Justice Pro Tempore