Opinion
25344
July 7, 2003.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 00-1-2427)
ORDER GRANTING INTERVENOR-DEFENDANT AND COUNTERCLAIMANT
THEODORE H. SMYTH'S MOTION FOR
Francis P. Hogan for intervenor defendant-appellee, cross-appellant Theodore H. Smyth.
MOON, C.J., LEVINSON, NAKAYAMA and ACOBA, JJ., and CIRCUIT JUDGE MILKS, ASSIGNED BY REASON OF VACANCY
ORDER DISMISSING NOTICE OF CROSS-APPEAL AS PREMATURE
Upon consideration of Cross-Appellant Theodore H. Smyth's motion for order dismissing notice of cross-appeal as premature, the papers in support, and the records and files herein, it appears that: (1) on September 23, 2003, Appellant Hawaii Ventures, Ltd. filed a notice of appeal; (2) on October 7, 2002, Cross-Appellant Smyth filed a notice of cross-appeal listing several interlocutory orders he was appealing from; and (3) on January 13, 2003, this court issued an order limiting the appeal and indicating that the orders listed in Cross-Appellant Smyth's notice of appeal were not appealable at the time. Therefore,
IT IS HEREBY ORDERED that Cross-Appellant Theodore H. Smyth's motion for order dismissing notice of cross-appeal as premature is granted, and Cross-Appellant Theodore H. Smyth's cross-appeal is dismissed.