Judge calls lawyer's motion in the Malite case 'frivolous'

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Judge calls lawyer's motion in the Malite case 'frivolous'
2006-07-10
Superior Court Associate Judge Juan T. Lizama has trashed attorney Stephen Nutting's motion to stop the proceedings in the Remedio Malite estate's probate, describing the lawyer's motion as "frivolous."Because the stay in the case of Angel Malite estate makes it impossible for the heirs of Remedio Malite to receive any funds, Lizama said the court considers the motion to stay proceedings frivolous.Nutting filed the motion on behalf of movants and heirship claimants Rosa Malite, Lourdes Rangamar, Romber Sinounou and the estates of Elias Malite, Jacoba Malite, Jesus Sinounou, and Gregorio Sablan.In his order issued Wednesday, Lizama also expressed alarm over the number of motions being filed in the Malite cases."These motions consume time as well as the very assets that they feign to be protecting," said the judge in denying the movants' request to stay the Remedio Malite estate litigations.The movants, through Nutting, asked Lizama to halt proceedings in the Remedio Malite case, pending the outcome of their motion to have Lizama recuse himself from presiding over the Angel Malite probate.Nutting also moved to stop the hearings pending the result of their appeal to the CNMI Supreme Court on Lizama's decision recognizing the estate of Jesus Somol as an heir to the estate of Angel Malite.The motion was heard Wednesday.
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