Johnetta Davies-Cisco of the City of Monrovia, Liberia Movant/Appellee Versus Wiilie Bernard also of the City of Monrovia, Respondent/Appellant

Motion to Dismiss

Action of Ejectment

Heard April 10, 2018                                                  Decided: July 4, 2018

JUDGMENT WITHOUT OPINION

this case was called fot hearing, C.ounsellocs J. Emmanue ^l. R. Berry of the. Bery Law Firm and Counsellor Dexter Tiah. Sr.. of the Henries Law Fifill, aopcared ‘Ior  the movant/appelle.e. No lawyer appeared tör           the respondent/appellant.

‘the app.t!iee, .iohnetta Davis-Cisco, was the. successful panv 8 judgment rendered on June 1 5 1987, by the SiX’th Judicial Circuit Coun,

Montserrado County, against the respondent/appellant, Willie Bernard, in an action of ejectment. The records show that the respondent/appellant excepted to the ruling, announced an appeal and subsequently completed the appeal process on June 30, 1987, but died while the case was still pending before the Supreme Court.

On May 26, 2011, twenty (20) years after the death of the respondent/appellant, the movant/appellee filed a motion to dismiss the appeal with the Clerk of the Supreme Court on the basis that the respondent/appellant’s heirs failed to substitute the late respondent/appellant.

At the call of the motion to dismiss on April 3, 2018, this Court observed not only the absence of the lawyer for the respondent/appellant, but that on March 27, 201 8, one Mr. Alexander Bernard, had by himself, filed a letter in the office of the Clerk of the Supreme Court withdrawing the appeal, and which if granted by the Court, would render moot the movant/appellee’s motion to dismiss. We quote hereunder the letter of withdrawal:

“JOHNETTA DAVIES-CISCO OF THE CITY OF

MONROVIA, LIBERIA

. …………MOVANT/APPELLEE

VERSUS                                                         ) MOTION TO DISMISS APPEAL

THE INTERSTATE ESTATE OF THE LATE WILLIE

BERNARD, REPRESENTED BY AND THRU ITS

ADMINISTRATORS, JOHN K. BERNARD, SR.,

WILLIAMENA AND ALEXANDER BERNARD

ALSO OF THE CITY OF MONROIVA, LIBERIA

……RESPONDENTS/APPELLANTS

Dear Mr. Clerk:

Please spread or cause to be spread upon the records as contained in the above entitled captioned case that we the Respondents/Appellants hereby withdraw our appeal filed in this case.

And for so doing, this shall constitute your legal and sufficient authority.

Dated this 27 ^th day of March, A.D. 2018.

Respectfully submitted:

Alexander Bernard

Respondent/Appellant

Cell

The Court noted from the caption of the letter of withdrawal, that Mr. Alexander Bernard was one of three (3) administrators for the intestate estate of the respondent/appellant, Willie Bernard. The Clerk was therefore mandated to contact and advise Mr. Alexander Bernard to withdraw and re-file the letter of withdrawal to reflect the involvement and approval of the other two co-administrators, evidenced by their signatures affixed thereto.

On April 9, 2018, in obedience to the Court’s mandate, the three (3) administrators of the respondent/appellant’s intestate estate, jointly signed and filed with the office of the Clerk another letter withdrawing the appeal from the Supreme Court. The said letter of withdrawal dated April 6, 2018, is quoted herein below to wit: “Dear Mr. Clerk:

Please spread or cause to be spread upon the records as contained in the above entitled captioned case that we, the respondents/appellants hereby withdraw our appeal filed in this case.

And for so doing, this shall constitute your legal and sufficient authority.

Dated this 6^th day of April, A.D. 2018.

Respectfully Submitted:

Alexander Bernard

Respondent/Appellant

Cell: 0886589898/0777589898

John K. Bernard, Sr.,

Respondent/Appellant

Williamena Bernard

Respondent/Appellant”

Being satisfied that the withdrawal meets the requirement of the rule of this Court, it is hereby

ADJUDGED:

That as the withdrawal of the respondent/appellant’s appeal does not affect the rights of the movant/appellee, the successful party in the lower court, the

respondent/appellant is bound by the judgment of that court. The appeal is therefore ordered withdrawn and stricken from the docket of the Supreme Court.

The Cierk of this Court is ordered to send a Mandate to the court below commanding the judge presiding therein to resume jurisdiction over this case and give effect to this Judgment. IT IS HEREBY SO ORDERED.

GIVEN UNDER OUR HANDS AND SEAL OF THE SUPREME COURT OF LIBERIA THIS 4^th DAY OF JULY A.D 2018.

kåbinelvM.-Jå’neh

ASSOCIATE JUSTICE, SU PREME COURT OF LIBERIA

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

Philip A.Z. Banks, 111

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA

ASSOCIATE JUSTICE, SUPREME COURT OF LIBERIA