Abrams v. Cades, Schutte, Fleming & Wright (Order of Amendment)

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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ARNOLD R. ABRAMS and RICHARD I. BLUM, Plaintiffs-Appellees,

v. CADES, SCHUTTE, FLEMING & WRIGHT, a Hawai`i partnership, Defendant-Appellant

NO. 21062

ORDER OF AMENDMENT

(CIV. NO. 95-3683)

OCTOBER 7, 1998

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.

The opinion of the court, filed September 18, 1998, is amended as follows:

1. Page 1, first sentence. Change sentence to read: "Defendant-appellant Cades, Schutte, Fleming and Wright, a Hawai`i partnership (Cades), appeals from an order of the circuit court compelling production of a document." (changes emphasized).

2. Page 4. After the sentence that begins on page 3 and reads "On October 17, 1997, Cades filed a notice of appeal from this order," insert the following footnote to be numbered 3:

Although the notice of appeal ostensibly appealed from the minute order filed on October 17, 1997, a minute order is not an appealable order. Pursuant to Hawai`i Rules of Appellate Procedure Rule 4(a)(2), a "notice of appeal filed after the announcement of a decision or order but before the entry of the judgment or order shall be treated as filed after such entry and on the day thereof." Therefore, we treat this appeal as being taken from the order compelling production of the letter filed on November 19, 1997.

3. Page 4. After sentence which reads "On October 24, 1997, Cades filed a motion in circuit court for a stay of the minute order pending appeal" insert new sentence to read "On November 19, 1997, the circuit court entered an order compelling production of the letter."

4. Page 5. Footnote numbered 3 changes to number 4.

5. Page 9. Footnotes numbered 4, 5, and 6 change to numbers 5, 6, and 7.

The Clerk of the Court is directed to incorporate the foregoing changes into the original opinion and take all necessary steps to notify the publishing agencies of these changes.