Opinion
No. CAAP–13–0000703.
2014-05-23
Gene WONG, Plaintiff/Appellant/Cross–Appellee, v. HAWAIIAN AIRLINES, INC., Defendant/Appellee/Cross–Appellant.
In this case, however, Hawaiian Airlines (Hawaiian) filed its motion for costs under HRCP Rule 54(d)(1) before the circuit court entered its Final Judgment on June 7, 2013. Because Hawaiian's motion for costs was filed pre-judgment rather than post-judgment, an argument can be made that it was “timely” under HRAP Rule 4(a)(3). More importantly, the Final Judgment itself entered judgment awarding costs to Hawaiian. Therefore, under the facts of this case, the premature, pre-judgment filing of the notice of appeal by Gene Wong did not divest the circuit court of jurisdiction to decide Hawaiian's motion for costs.