Opinion
25622
May 23, 2003.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 97-4036)
MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ. and CIRCUIT JUDGE MASUOKA, ASSIGNED BY REASON OF VACANCY
ORDER DISMISSING APPEAL
Upon review of the record, it appears that the orders granting and denying summary judgment entered on January 10, 2003, January 24, 2003 and January 29, 2003 were not properly certified for interlocutory appeal under HRS § 641-1(b) inasmuch as the February 4, 2003 orders granting the parties' motions for interlocutory appeal, the Honorable Virginia Lea Crandall presiding, did not set forth the circuit court's reasons for concluding that the interlocutory appeals will speedily terminate the litigation, as required by Mason v. Water Resources International, 67 Haw. 510, 512, 694 P.2d 388, 389 (1985) ("the trial court shall carefully consider the matter of whether it thinks an interlocutory appeal will more speedily determine the litigation and, if it so concludes, will set forth, in the order allowing the appeal, its reasons for that conclusion."). Therefore,
IT IS HEREBY ORDERED that the appeals by the plaintiffs, by defendant State of Hawai`i and by defendant City and County of Honolulu are dismissed for lack of appellate jurisdiction.