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Delmonte v. State Farm Fire Casualty Co.

Supreme Court of Hawaii
Nov 30, 2001
24467 (Haw. Nov. 30, 2001)

Opinion

24467

November 30, 2001.

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NOS. 96-0434 96-2698)

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.


ORDER DISMISSING APPEAL


Upon review of the statements supporting and contesting jurisdiction, the motion to dismiss appeal and the papers supporting and opposing the motion, and the record, it appears that the July 9, 2001 order sanctioning the plaintiffs to pay $250 is not immediately appealable by the plaintiffs, who can seek review of the order on appeal from a final judgment in Civil Nos. 96-0434 and 96-2698. See Siangco v. Kasadate, 77 Haw. 157, 883 P.2d 78 (1994). The July 9, 2001 order, if construed as a sanction order against the plaintiffs and their attorney, is appealable by the attorney, Myles Yamamoto, but the August 7, 2001 notice of appeal did not name Yamamoto as a party on appeal. See HRAP 3(c); Stewart Properties, Inc. v. Brennan, 8 Haw. App. 431, 435, 807 P.2d 606, 608 (1991); Gold v. Harrison, 88 Haw. 94, 103-04, 962 P.2d 353, 362-63 (1998). Thus, we lack jurisdiction over this appeal. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.


Summaries of

Delmonte v. State Farm Fire Casualty Co.

Supreme Court of Hawaii
Nov 30, 2001
24467 (Haw. Nov. 30, 2001)
Case details for

Delmonte v. State Farm Fire Casualty Co.

Case Details

Full title:SANDRA JEAN DELMONTE, Plaintiff-Appellant v. STATE FARM FIRE AND CASUALTY…

Court:Supreme Court of Hawaii

Date published: Nov 30, 2001

Citations

24467 (Haw. Nov. 30, 2001)