Abordo v. Beaver (Summary Disposition Order)

*** NOT FOR PUBLICATION ***

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NO. 23839

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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EDMUND ABORDO, Plaintiff-Appellant

vs.

ALFRED BEAVER, CHAIRMAN OF THE HAWAII PAROLING AUTHORITY;

LANI RAE GARCIA, BOARD MEMBER, MARY TIWANAK, BOARD MEMBER,
Defendants-Appellees

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APPEAL FROM THE FIRST CIRCUIT COURT

(CR. NO. 99-4401)

SUMMARY DISPOSITION ORDER

(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)

Plaintiff-appellant Edmund Abordo appeals from the October 13, 2000 order of the circuit court of the first circuit, the Honorable Eden Elizabeth Hifo presiding, dismissing the action following removal. On appeal, the defendants-appellees Alfred Beaver, Lani Garcia, and Mary Tiwanak, Hawai`i Paroling Authority members, contend that this court lacks jurisdiction over this appeal.

Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we agree with the appellees and hold that this court lacks jurisdiction over this appeal, inasmuch as all filings in the state circuit court after removal to the federal district court are void absent remand reinstating the circuit court's jurisdiction. See Mathewson v. Aloha Airlines, Inc., 82 Hawai`i 57, 919 P.2d 969 (1996). Therefore,

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

DATED: Honolulu, Hawai`i, June 21, 2004.

On the briefs:

Edmund M. Abordo,
plaintiff-appellant pro se

Marie C. Laderta and
Kendall J. Moser, Deputy
Attorneys General, for the
defendants-appellees