Guam - Former governor Carl Gutierrez has lost his case against former Guam Medical Society president Dr. Vince Akimoto and former Guam attorney general Douglas Moylan.  Gutierrez filed a civil suit for $10 million against the two, but the case was dismissed last week. Superior Court Judge Michael Bordallo threw out the case after he determined that Akimoto and Moylan were served ten months after the suit was filed.

The court also found that Gutierrez failed to act with reasonable diligence in prosecuting his action.

Gutierrez accused Akimoto and Moylan of libel and alleged the two filed a taxpayer lawsuit in 2002 to defame and legally harass him.  Akimoto and Moylan had pursued a $150,000 settlement that was paid to former hospital associate administrator Therese Hart for a wrongful death settlement. 

According to news files, Hart admitted to forging the signature on the documents and using a portion of the money to purchase a luxury sports utility vehicle.