Bank of Guam v. Reidy

In Bank of Guam v. Reidy, 2001 Guam 14, a case involving the government procurement process and a protest pursued therein, this court was faced with a situation where issues were raised by the parties below but were not addressed by the trial court. Reidy, 2001 Guam 14. The Court held there that "where the trial court has erroneously failed to exercise its discretion, an appellate court may either remand or, if the record is sufficiently developed, decide the issue itself." Id. P31 (citing Wharf v. Burlington Northern R. Co., 60 F.3d 631, 637 (9th Cir. 1995). The Court went on to say that "we express no opinion whatsoever on any of the protest issues raised in the lower court or on appeal and remand to the lower court for a determination of these issues." Id.