IN THE SUPREME COURT OF THE STATE OF HAWAI`I
HAWAII VENTURES, LLC, Plaintiff-Appellants, Cross-Appellee,
vs.
OTAKA, INC.; TAKAO BUILDING CO., LTD., formerly known as Takao
Building Development co., Ltd.,; K. DAINI SEVEN; YUKIO TAKAHASHI;
HAWAIIAN WAIKIKI BEACH, INC.; ALAKAI MECHANICAL CORPORATION;
HEWLETT-PACKARD COMPANY; HAWAII ENERGY MANAGEMENT CO., LL.,
Defendants-Appellees, Cross-Appellants,
and
BUSINESS MANAGEMENT GROUP, INC.; BEACH SNACK EXPRESS, INC.; JOHN
DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE
CORPORATIONS 2-50, DOE ENTITIES 1-50 and DOE GOVERNMENTAL UNITS
1-50, Defendants,
and
ILWU LOCAL 142 AFL-CIO, and THEODORE H. SMYTH, Trustee, SMYTH
FAMILY TRUSTS, Intervenor Defendants-Appellees, Cross-Appellants,
and
ARGONAUT INSURANCE COMPANY,
Intervenor Defendant-Appellee, Cross-Appellee,
OTAKA, INC., and HAWAIIAN WAIKIKI BEACH, INC.,
Counterclaimants-Appellees, Cross-Appellants,
vs.
LEUCADIA NATIONAL CORPORATION, Additional Counterclaim Defendant,
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PATRICIA KIM PARK, Receiver-Appellee, Cross-Appellee.
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 00-1-2427)
ORDER GRANTING INTERVENOR-DEFENDANT AND
COUNTERCLAIMANT THEODORE H. SMYTH'S MOTION FOR
ORDER DISMISSING NOTICE OF
CROSS-APPEAL AS PREMATURE
(By: Moon, C.J., Levinson, Nakayama and Acoba, JJ.,
and Circuit Judge Milks, assigned by reason of vacancy)
Upon consideration of Cross-Appellant Theodore H. Smyth's motion for order dismissing notice of cross-appeal as premature, the papers in support, and the records and files herein, it appears that: (1) on September 23, 2003, Appellant Hawaii Ventures, Ltd. filed a notice of appeal; (2) on October 7, 2002, Cross-Appellant Smyth filed a notice of cross-appeal listing several interlocutory orders he was appealing from; and (3) on January 13, 2003, this court issued an order limiting the appeal and indicating that the orders listed in Cross-Appellant Smyth's notice of appeal were not appealable at the time. Therefore,
IT IS HEREBY ORDERED that Cross-Appellant Theodore H. Smyth's motion for order dismissing notice of cross-appeal as premature is granted, and Cross-Appellant Theodore H. Smyth's cross-appeal is dismissed.
DATED: Honolulu, Hawai`i, July 7, 2003.
Francis P. Hogan
for intervenor defendant-appellee,
cross-appellant Theodore H. Smyth