Commonwealth v. Lu

Commonwealth v. Lu, 4 N.M.I. 93 (1994) Commonwealth of the Northern Mariana Islands, Plaintiff/Appellee, v. Evelyn Lu, also known as Evelyn Lo, Defendant/Appellant. Appeal No. 93-041 Criminal Case No. 93-0130 Order of Dismissal February 22, 1994 Counsel for appellant: G. Anthony Long, Saipan. Counsel for appellee: Alan B. Gordon, Assistant Attorney General, Saipan. BEFORE: DELA CRUZ, Chief Justice, and VILLAGOM EZ and ATALIG, Justices. PER CURIAM : On February 17, 1994, the parties to this interlocutory appeal stipulated to its dism issal. Included on the stipulation was one signature line for a single justice and the filing was captioned as both a stipulation and order. No appeal, interlocutory or not, may be dism issed by a single justice of this Court. See Com . R. App. P. 27(d). Once a case has been docketed with this Court, 1 an appeal may be dism issed upon stipulation by the clerk of court only where the parties have specified the term s as to paym ent of costs. Com . R. App. P. 42(b). Otherwise, the appellant m ust m ove this Court for the dismissal. Id.; Com . R. App. P. 27(a). In this matter no motion accom panied the stipulation; therefore, it is not properly before this Court. However, because this interlocutory appeal stem s from a pending crim inal action, we will dismiss the case pursuant to Com . R. App. P. 2. 2 Therefore, it is hereby ORDERED that this appeal is DISM ISSED. 1 The clerk of this Court dockets a case “[u]pon receipt of the copy of the notice of appeal.” Com. R. App. P. 12(a). 2 In the interest of justice, or to expedite a decision, or for other good cause shown, this Court may, except as otherwise provided in Rule 26(b), suspend the requirements or provisions of any of these [appellate] rules in a particular case, on application of a party or on its own motion, and may order proceedings in accordance with its direction. Com. R. App. P. 2.