Walker v Banks (2019)
Rose Gibson Walker, Administrator of the Intestate Estates of James B. Gibson, Sr., and Delaney Moore Gibson . Movant Versus William Banks, Aloysius Banks and Giftee Banks of Brewerville, Montserrado County, Liberia Respondents
MOTION TO DISMISS
PETITION CLOSURE OF ESTATE
Heard: October 29, 2019 Decided: December 23, 2019
JUDGMENT WITHOUT OPINION
When this case was called for hearing, Counsellor Gloria M. Musu-Scott, of Scott & Associates appeared for the movant. Counsellor J. Johnny Momoh, of the J. Johnny Momoh & Associates Legal Chambers, Inc. appeared for the respondents.
The lawyer representing the movant, by permission, informed the Court that since the respondents filed their bill of exceptions on November 23, 2012, they have taken no further steps to perfect and complete the appeal process as stipulated in the Civil Procedure Law, Rev Code 1:51.8, 51.9 & 51.11, a period of approximately seven (7) years now.
The records show that on November 19. 2008, Rose Gibson Walker and her eldest brother, James B. Gibson, Jr. filed a petition in the Monthly and Probate Court for Montserrado County praying for Letters of Administration to administer the intestate estates of their parents, Mr. James B. Gibson, Jr., and Mrs. Delaney Moore Gibson. On November 21, 2008, following the hearing on the petition, the Probate Court granted same and issued Letters of Administration to Rose Gibson Walker and James B. Gibson Jr. Subsequently, on August 3, 2009, the records show that the administrators filed a petition for the closure of both estates, to which, the respondents filed returns on September 10, 2009, objecting to the closure of the estates. On November 12, 2012, the Monthly and Probate Court, presided over by Judge J. Vinton Holder, after listening to arguments, rendered final judgment granting the petition and ordered the estates closed, from which judgrnent the respondent excepted and announced an appeal to the Honorable Supreme Court.
The lawyer representing the respondents informed the Court that his client instructed him not to proceed with the perfection of the appeal upon the advice of family members and he therefore interposed no objection to the granting of the motion to dismiss. Accordingly, it is hereby
MONROVIA, LIBERIA
ASSOCIATE JUSTICE
SUPREME COURT OF LIBERIA
ADJUDGED:
That the motion to dismiss the appeal is hereby granted and the appeal is dismissed. The Clerk of this Court is ordered to send a mandate to the trial judge presiding therein to resume jurisdiction over this case and give effect to this Judgment. Costs are ruled against the respondents. And it is so ordered.
GIVEN UNDER OUR HANDS AND THE SEAL
OF THE SUPREME COURT OF LIBERIA, THIS