Guam Supreme Court Dismisses Duenas v. Kallingal Appeal; Remanded to Superior Court

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Guam – The Guam Supreme Court has dismissed an appeal from George and Matilda Kallingal in the case of  Duenas v. George & Matilda Kallingal, P.C. “because it was not properly brought before the court. “

In an opinion authored by Justice Robert J. Torres and joined by Chief Justice F. Philip Carbullido and Associate Justice Katherine A. Maraman, the Guam Supreme court found that the Kallingals did not “file a petition for interlocutory review, and it was not appropriate for the Supreme Court to exercise its supervisory authority.” 

 In addition the Justices found that “a final judgment had not been entered since the trial court must still determine the amount of post-lease-termination damages, if any, each party is owed.”

READ the Guam Supreme Court decision in Duenas v. George & Matilda Kallingal, P.C. HERE

Case Background:

In December 1993, GJADE, Inc., entered into a joint venture agreement with Defendant-Appellant George and Matilda Kallingal, P.C. (“KPC”), to form Fortune Joint Venture (“FJV”) for the purpose of financing and constructing a commercial building project for lease. 

In June 1994, Rosario T. Quichocho, who is represented here by Plaintiff-Appellee Joseph T. Duenas, the administrator of her estate, leased property to GJADE for the project.  Rosario subsequently stopped receiving rent and, in 2007, she filed a complaint against KPC, GJADE, and FJV, seeking termination of the lease, and payment of past due rent and real property taxes.

READ the release from the Guam Supreme Court below:

SUPREME COURT OPINION ISSUED: Duenas v. George & Matilda Kallingal, P.C.
2013 Guam 28
FOR IMMEDIATE RELEASE

(December 3, 2013)(Guam Judicial Center – Hagåtña) – Monday, the Supreme Court of Guam, in an opinion authored by Justice Robert J. Torres and joined by Chief Justice F. Philip Carbullido and Associate Justice Katherine A. Maraman, dismissed and remanded an appeal from the Superior Court in the case of Duenas v. George & Matilda Kallingal, P.C., 2013 Guam 28.  

In December 1993, GJADE, Inc., entered into a joint venture agreement with Defendant-Appellant George and Matilda Kallingal, P.C. (“KPC”), to form Fortune Joint Venture (“FJV”) for the purpose of financing and constructing a commercial building project for lease.  In June 1994, Rosario T. Quichocho, who is represented here by Plaintiff-Appellee Joseph T. Duenas, the administrator of her estate, leased property to GJADE for the project.  Rosario subsequently stopped receiving rent and, in 2007, she filed a complaint against KPC, GJADE, and FJV, seeking termination of the lease, and payment of past due rent and real property taxes.  On remand from the Supreme Court, the trial court gave KPC ninety days to decide whether it would accept a new lease with the same terms as the previous lease.  After the ninety days was intentionally allowed to lapse, the Superior Court entered a judgment confirming the termination of all of KPC’s rights to the property.  KPC and FJV appealed.

The Supreme Court dismissed and remanded KPC and FJV’s appeal because it was not properly brought before the court.  KPC and FJV did not file a petition for interlocutory review, and it was not appropriate for the Supreme Court to exercise its supervisory authority.  Moreover, a final judgment had not been entered since the trial court must still determine the amount of post-lease-termination damages, if any, each party is owed.  Accordingly, the appeal was dismissed.