Jose C. Mafnas, Plaintiff-appellant,theodore R. Mitchell, Appellant, v. Commonwealth of the Northern Mariana Islands, and Robert A.hefner, Defendants-appellees.jose C. Mafnas, Petitioner-appellant,theodore R. Mitchell, Respondent-appellant, v. Commonwealth of the Northern Mariana Islands, and Robert A.hefner, Respondents-appellees, 951 F.2d 360 (9th Cir. 1991)Annotate this Case
Before ALDISERT* , GOODWIN and NOONAN, Circuit Judges.
Jose C. Mafnas and Theodore R. Mitchell appeal the award of sanctions against them by the Appellate Division of the District Court of the Northern Mariana Islands. Due process requires that before the imposition of sanctions there be notice and opportunity to be heard. Tom Growney Equipment, Inc. v. Shelley Irrigation Development, Inc., 834 F.2d 833 (9th Cir. 1987). The record does not show that the appellants had the opportunity to be heard before the court determined their liability to sanctions. Accordingly, the order of the Appellate Division is
REVERSED AND REMANDED.