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Hawaii Insurers Council v. Lingle

Supreme Court of Hawaii
Mar 4, 2003
25492 (Haw. Mar. 4, 2003)

Opinion

25492

March 4, 2003.

APPEAL FROM THE FIRST CIRCUIT COURT (CIVIL NO. 02-1-2295)

MOON, C.J., LEVINSON, NAKAYAMA and ACOBA, JJ. and CIRCUIT JUDGE WALDORF, ASSIGNED BY REASON OF VACANCY


ORDER DISMISSING APPEAL

Upon review of the record, it appears the Honorable Richard W. Pollack's November 25, 2002 order denying Plaintiff-Appellant Hawaii Insurers Council's motion for a preliminary injunction in Civil No. 02-1-2295 is neither an appealable final order under HRS § 641-1(a) (1993) nor a certified interlocutory order under HRS § 641-1(b) (1993). The November 25, 2002 order does not qualify as an appealable final order under the Forgay doctrine or the collateral order doctrine. See Ciesla v. Reddish, 78 Haw. 18, 20, 889 P.2d 702, 704 (1995) (regarding the Forgay doctrine); Abrams v. Cades, Schutte, Fleming Wright, 88 Haw. 319, 321-22, 966 P.2d 631, 633-34 (1998) (regarding the collateral order doctrine). Final judgment having not been entered, the November 25, 2002 order is not appealable, and this appeal is premature. Therefore,

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


Summaries of

Hawaii Insurers Council v. Lingle

Supreme Court of Hawaii
Mar 4, 2003
25492 (Haw. Mar. 4, 2003)
Case details for

Hawaii Insurers Council v. Lingle

Case Details

Full title:HAWAII INSURERS COUNCIL, Plaintiff-Appellant v. LINDA LINGLE, GOVERNOR…

Court:Supreme Court of Hawaii

Date published: Mar 4, 2003

Citations

25492 (Haw. Mar. 4, 2003)