Terms Used In 7 Guam Code Ann. § 50559

  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
An appeal may be taken to the Supreme Court in the following cases:

1. From an order granting or refusing an adjudication of insolvency and, in the latter case, from the order fixing the amount of costs, expenses, damages, and attorney’s fees allowed the debtor;

2. From an order made at the hearing of any account of an assignee, allowing or rejecting a creditor’s claim, in whole or in part, when the amount in dispute exceeds three hundred dollars ($300.00);

3. From an order allowing or denying a claim for property not belonging to the insolvent presented under § 50250 of this Chapter;
4. From an order settling an account of an assignee;

5. From an order against or in favor of setting apart homestead or other property claimed as exempt from execution; [or]
6. From an order granting or refusing a discharge to the debtor. The provisions of this Title shall govern appeals under this Chapter,
except that when an assignee has given an official undertaking and appeals
from a judgment or order in insolvency, his official undertaking stands in the place of an undertaking on appeal, and the sureties thereon are liable on such undertaking; provided however, that an interlocutory appeal shall not stay proceedings unless a written undertaking be entered into on the part of the appellant, with at least two sureties, in such an amount as the court may direct, but not less than double the value of the property involved, to the effect that if the order appealed from be affirmed, or the appeal dismissed, appellant will pay all costs and damages which the adverse party may sus- tain by reason of the appeal and the stay of proceedings.
SOURCE: CCP § 1381. Reenacted by P.L. 21-147 (eff. 5/1/93).

NOTE: This section was amended by P.L. 12-85 to direct all appeals to the Supreme Court of Guam. It was reenacted by P.L. 21-147 to reflect the post-Olsen Supreme Court of Guam.

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