Judith G. Abrams v. Sailboat Cutter, "Slow Dancer," Her Engines, Equipment, Apparel, Furniture, Etc., and Benjamin M. Abrams

Good Law
700 F.2d 569·1983 U.S. App. LEXIS 30017
United States Court of Appeals for the Ninth CircuitMarch 2, 198382-4279California321 words

Opinion

Opinion

This appeal is from the district court’s grant of summary judgment dismissing the action brought by plaintiff below for rents and profits from the use of a sailboat. The action was based upon an alleged property interest in the vessel pursuant to a divorce decree entered by the High Court of the Trust Territory of the Pacific Islands.

At the time of the decree the parties were residents of the Trust Territory of the Northern Mariana Islands. The High Court entered its decree before the date on which its jurisdiction was transferred to the courts of the newly constituted Commonwealth of the Northern Mariana Islands. (The transfer of jurisdiction from the courts of the Trust Territory to the courts of the Commonwealth of the Northern Mariana Islands was accomplished under the Constitution of the Northern Mariana Islands, Schedule on Transitional Matters, Section 4, and 48 U.S.C. § 1694 .) After the effective date of the transfer of jurisdiction, however, the plaintiff below moved the High Court to amend or modify the decree to clarify the nature of her property interest in the sailboat. The High Court declined to modify or amend the decree, but did issue an order of clarification.…

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