Ricardo J. Bordallo, Governor of Guam v. Tony Reyes, Taro Kanai, Roberto Olaya, and Carl Peterson

Dissenting:

I dissent because I conclude that we lack jurisdiction over this appeal. Despite the Governor’s claim to the contrary, I am convinced that his “Motion for Clarification, or in the alternative, for a Stay” was in fact a timely motion to alter or amend the judgment under Fed.R.Civ.P. 59(e). As such, the Governor’s notice of appeal, filed on February 14, 1984, became a nullity. Fed.R.App.P. 4(a)(4); Griggs v. Providence Consumer Discount Co., 459 U.S. 56, 61 , 103 S.Ct. 400, 403 , 74 L.Ed.2d 225 (1982). Because the Governor failed to file a timely notice of appeal after the district court’s disposition of the motion for clarification, we must dismiss this appeal for lack of jurisdiction. Fed.R.App.P. 4(a)(4); Griggs, 459 U.S. at 61 , 103 S.Ct. at 403 ; Bestran Corp. v. Eagle Comptronics, Inc., 720 F.2d 1019 (9th Cir.1983); Brodigan v. McCormack, 704 F.2d 1073, 1074 (9th Cir.1983).

The correctness of my view that this appeal must be dismissed hinges upon the proper interpretation of the Governor’s post-judgment motion. The Governor did not label his motion as one taken under Rule 59(e). Labels, however, do not control our reading of the substance of a motion. Miller v.…

Ricardo J. Bordallo, Governor of Guam (“Governor”) appeals from a judgment of the District Court of Guam holding that the Guam Visitors Bureau (“Bureau”), as established pursuant to- Public Law 17-32, Article I, Chapter 9, Title 12, Guam Code Annotated, is not an agency or instrumentality of the government, and that section 9106(a) of Public Law 17-32 does not contravene the Organic Act of Guam.

We affirm.

FACTS AND PROCEEDINGS BELOW

In November 1983, the seventeenth Guam Legislature passed Public Law 17-32 creating the Guam Visitors Bureau in its *1100 present form 1 under the Guam Visitors Bureau Act (“Act”). Section 9102 of the Act provides:

The Bureau derives its funding partly from government sources and partly from sources within the private sector. Any individual, partnership, corporation or association may become a voting member by paying annual dues of at least $100.00. Under Section 9106(a) of the Act, 2 four members of the board of directors were to be appointed by the Governor with the advice and consent of the Legislature. Four directors, contributing members in good standing, were to be elected by the membership. These eight directors were to select the ninth by…

763 F.2d 1098 2 Fed.R.Serv.3d 999 Ricardo J. BORDALLO, Governor of Guam, Plaintiff-Appellant, v. Tony REYES, Taro Kanai, Roberto Olaya, and Carl Peterson, Defendants-Appellees. No. 84-1665. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 13, 1984. Decided June 21, 1985. Nancy Nye, Asst. Atty. Gen., Agana, Guam, for plaintiff-appellant. Gary Hull, Agana, Guam, for defendants-appellees. Appeal from the United States District Court for the District of Guam. Before WRIGHT, POOLE and WIGGINS, Circuit Judges: POOLE, Circuit Judge: 1 Ricardo J. Bordallo, Governor of Guam ("Governor") appeals from a judgment of the District Court of Guam holding that the Guam Visitors Bureau ("Bureau"), as established pursuant to Public Law 17-32, Article I, Chapter 9, Title 12, Guam Code Annotated, is not an agency or instrumentality of the government, and that section 9106(a) of Public Law 17-32 does not contravene the Organic Act of Guam. 2 We affirm. FACTS AND PROCEEDINGS BELOW 3 In November 1983, the seventeenth Guam Legislature passed Public Law 17-32 creating the Guam Visitors Bureau in its present form 1 under the Guam Visitors Bureau Act ("Act"). Section 9102 of the Act…