Opinion
25492
December 3, 2002.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 02-1-2295-09)
ORDERUpon consideration of Plaintiff-Appellant Hawaii Insurers Council's emergency motion for injunction pending appeal, the papers in support and opposition, and the records and files herein, it appears that Appellant fails to demonstrate that it is entitled to an injunction pending appeal. See Life of the Land v. Ariyoshi, 59 Haw. 156, 577 P.2d 1116 (1978) (to obtain injunctive relief pending appeal, the movant must show: (1) a substantial likelihood of prevailing on the merits; (2) the balance of harm favors the issuance of an injunction; and (3) an injunction is in the public interest). Therefore,
IT IS HEREBY ORDERED that the motion for injunction pending appeal is denied.