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ING v. EVANSON

Supreme Court of Hawaii
Nov 19, 2002
25254 (Haw. Nov. 19, 2002)

Opinion

25254

November 19, 2002.

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 00-1-3758)

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


ORDER DISMISSING APPEAL

Upon review of the record, it appears that we do not have appellate jurisdiction over Plaintiffs/Counterclaim Defendants/Appellants James Douglas Keauhou Ing, Robert Kalani Uichi Kihune, Constance Hee Lau, Diane Joyce Plotts, and Charles Nainoa Thompson's interlocutory appeal from the July 12, 2002 "Order Regarding Retention of Jurisdiction by Court in Light of Appeal" entered by the Honorable Richard W. Pollack. As a general rule, HRS § 641-1(a) (1993) authorizes appeals only from "final judgments, orders, or decrees[.]" "Final order means an order ending the proceedings, leaving nothing further to be accomplished." Familian Northwest, Inc. v. Central Pacific Boiler Piping, Ltd., 68 Haw. 368, 370, 714 P.2d 936, 937 (1986) (citation and internal quotation marks omitted). The July 12, 2002 order did not end the proceedings. Furthermore, the July 12, 2002 order does not satisfy all three requirements for appealability under the collateral order doctrine. Abrams v. Cades, Schutte, Fleming Wright, 88 Haw. 319, 322, 966 P.2d 631, 634 (1998). Therefore, the July 12, 2002 order is not an appealable final order pursuant to HRS § 641-1(a) (1993), and this appeal is premature. Accordingly,

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


Summaries of

ING v. EVANSON

Supreme Court of Hawaii
Nov 19, 2002
25254 (Haw. Nov. 19, 2002)
Case details for

ING v. EVANSON

Case Details

Full title:JAMES DOUGLAS KEAUHOU ING, ROBERT KALANI UICHI KIHUNE, CONSTANCE HEE LAU…

Court:Supreme Court of Hawaii

Date published: Nov 19, 2002

Citations

25254 (Haw. Nov. 19, 2002)