Opinion
22040
May 2, 2002.
APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 90-316K)
Richard Naiwieha Wurdeman for appellants Heirs of Frank Piulu Kahapea.
Stephen K. Yamashiro for appellants Marguerite Hanakeawe and Dennis Hanakeawe, et al.
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, AND ACOBA, JJ.
ORDER DENYING MOTIONS FOR RECONSIDERATION
Upon consideration of the motions for reconsideration of the April 11, 2002 order dismissing appeal, the papers in support and the record, it appears that: (1) mere discussions by the circuit court of an intent to enter a final judgment did not amount to an announcement of the January 21, 1999 certified judgment for purposes of HRAP 4(a)(2) (1984); (2) HRAP 4(a)(2) (1984) applies "only to a decision that will be final on its entry" so as to exclude an appeal "taken from an order appealable only on a finding under [HRCP] Rule 54(b);" Wong v. Takeuchi, 83 Haw. 94, 100, 924 P.2d 588, 594 (App. 1996); (3) our December 6, 1999 order amending HRAP 4(a)(2) made the amendment "effective January 1, 2000" and did not make the amendment applicable to appeals then pending; (4) Nansay's cross-claim to quiet title against the State of Hawai`i and the State of Hawaii's claims of water, mineral and native tenant rights were substantive claims, not collateral claims, in Civil No. 90-316K; and (5) plaintiffs-appellants Marguerite Hanakeawe and Dennis Hanakeawe, et al. obtained review of their quiet title claims in their appeal of the January 21, 1999 judgment in No. 22381. Therefore,
IT IS HEREBY ORDERED that the motions for reconsideration filed by appellants Heirs of Frank Piulu Kahapea and appellants Marguerite Hanakeawe and Dennis Hanakeawe, et al. are denied.