Bank of America v. John M. Webster

Webster appeals from an order of the district court dismissing his appeal from an order of the Island Court of Guam on the ground of lack of jurisdiction.

The Island Court of Guam granted a default judgment against Webster upon his promissory note in favor of the Bank of America. Thereafter, the Bank obtained an order from the Island Court to compel Webster to pay the judgment in installments out of income. Webster’s attempted appeal was from the order of payment entered after supplementary proceedings in the Island Court. The district court held that it had no jurisdiction to entertain an appeal from an order in supplementary proceedings under the provisions of the applicable Guam Code. We agree.

Title I, Chapter II, section 63 of the Guam Code of Civil Procedure enumerates, by part and title, those matters that are appealable to the district court. Part II, Title IX, Executions, under which the supplementary proceedings were conducted, is not listed. Appellant argues that section 63 permits the appeal because it refers to Title XII, which, in turn, contains section 936, providing generally for appeal in all civil cases, except those in which the decisions are made final by the…