Smith v. Straub Clinic Hospital, Inc.

Full title: RAMONA M.U. SMITH, Claimant-Appellee-Appellant v. STRAUB CLINIC AND…

Court: Supreme Court of Hawaii

Date published: Aug 12, 2003

25807 (Haw. Aug. 12, 2003)

Opinion

25807

August 12, 2003.

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2000-278)

ORDER DISMISSING APPEAL

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

Upon review of the record, it appears that the April 11, 2003 order denying claimant's motion for summary judgment does not finally end the proceeding before the Labor and Industrial Relations Appeals Board (LIRAB) in Case No. AB 2000-278. Deferring review of the April 11, 2003 order pending entry of a final decision and order by the LIRAB would not deprive claimant of adequate relief inasmuch the issue raised on summary judgment can be litigated at the trial scheduled before the LIRAB. Thus, we lack jurisdiction over this appeal. See HRS §§ 91-14(a) and 386-88. Therefore,

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