Metcalf v. Pacific Benefit Services

Full title: WAYNE C. METCALF, III, in his capacity as Liquidator and Trustee of the…

Court: Supreme Court of Hawaii

Date published: Apr 30, 2003

25755 (Haw. Apr. 30, 2003)

Opinion

25755

April 30, 2003.

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NOS. 97-5273 and 99-4504)

Clifford K. Higa, Wendell H. Fuji, Lanson K. Kupau, and Duane C. Seabolt (Kobayashi, Sugita Goda) for plaintiff-appellee on the motion Charles S. Lotsof for defendant-appellant on the opposition.

ORDER DENYING APPELLEE'S MOTION TO DISMISS APPELLANT'S NOTICE OF APPEAL FOR LACK OF APPELLATE JURISDICTION AND FOR AN AWARD OF REASONABLE ATTORNEY'S FEES AND COSTS

LEVINSON, J.

Upon consideration of Appellee J. P. Schmidt's motion to dismiss Appellant's notice of appeal for lack of appellate jurisdiction and for an award of reasonable attorney's fees and costs, the papers in support and opposition, and the records and files herein, it appears that the record on appeal will not be transmitted to the supreme court until June 7, 2003, and without the record, this court cannot determine whether it has appellate jurisdiction. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss appeal is denied without prejudice to Appellee filing a statement contesting jurisdiction in accordance with HRAP Rule 12.1 or a subsequent motion to dismiss after the record on appeal is transmitted.