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Watland v. Yoshina

Supreme Court of Hawaii
Jan 24, 2003
25449 (Haw. Jan. 24, 2003)

Opinion

25449

January 24, 2003.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIV. NO. 02-1-2485-10)

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, J.J., and CIRCUIT JUDGE SIMMS, ASSIGNED BY REASON OF VACANCY


ORDER DISMISSING APPEAL

Upon review of the record, it appears that: (1) Appellants are appealing from an order denying a motion for a temporary restraining order; (2) it is well-settled that the right to appeal is purely statutory and exists only when given by some constitutional or statutory provision. Burke v. County of Maui, 96 Haw. 288, 289, 22 P.3d 84, 85 (2001); (3) HRS § 641-1(a) governs this appeal and provides in relevant part that appeals shall be allowed in civil matters from all final judgments, orders, or decrees of the circuit court; (4) the order denying the motion for a temporary restraining order is not a final judgment; (5) the order is an interlocutory order, and the circuit court did not grant Appellants leave to take an interlocutory appeal. Therefore,

IT IS HEREBY ORDERED that the appeals are dismissed for lack of appellate jurisdiction.


Summaries of

Watland v. Yoshina

Supreme Court of Hawaii
Jan 24, 2003
25449 (Haw. Jan. 24, 2003)
Case details for

Watland v. Yoshina

Case Details

Full title:A. JORIS WATLAND and ERIC GENE SCHNEIDER, Plaintiffs-Appellants, v. DWAYNE…

Court:Supreme Court of Hawaii

Date published: Jan 24, 2003

Citations

25449 (Haw. Jan. 24, 2003)