IN THE SUPREME COURT OF THE STATE OF HAWAI`I
ASSOCIATION OF APARTMENT OWNERS OF KALAMA TERRACE,
Plaintiff/Counterclaim Defendant,
vs.
AVANELL M. HAMILTON, Defendant/Cross-Claim Defendant/Appellant,
and
GE CAPITAL HAWAII, INC., a Hawai`i corporation; DEPARTMENT
OF TAXATION, STATE OF HAWAII; REAL PROPERTY TAX
DIVISION, DEPARTMENT OF FINANCE, COUNTY OF MAUI,
Defendants/Cross-Claim Defendants,
and
ASSOCIATES FINANCIAL SERVICES COMPANY OF HAWAII, INC.,
a Hawai`i corporation,
Defendant/Counterclaimant/Cross-Claimant/Appellee,
vs.
RENEE U. ELEBAN-NORTH; CHARLENE GREENE, AND
JOCELYN W. UNCIANO,
Additional Cross-Claim Defendants/Appellants.
APPEAL FROM THE SECOND CIRCUIT COURT
(CIV. NO. 98-0135(3))
ORDER DENYING DEFENDANT/COUNTER CLAIMANT CROSS-
CLAIMANT-APPELLEE ASSOCIATES FINANCIAL SERVICES COMPANY OF
HAWAI`I, INC.'S MOTION TO
DISMISS APPEAL FOR LACK OF JURISDICTION
(By: Levinson, J.)
Upon consideration of Defendant/Counterclaimant Cross-Claimant-Appellee Associates Financial Services Company of Hawaii, Inc.'s motion to dismiss appeal for lack of jurisdiction, the papers in support, and the records and files herein, it appears that the record on appeal will not be docketed until March 28, 2003, and without the record, this court cannot determine whether it has jurisdiction over this appeal. Therefore,
IT IS HEREBY ORDERED that the motion to dismiss for lack of jurisdiction is denied without prejudice to Appellee filing a statement contesting jurisdiction in accordance with HRAP Rule 12.1 or a subsequent motion to dismiss appeal after the record on appeal is transmitted to the supreme court.
DATED: Honolulu, Hawai`i, February 28, 2003.
Robert E. Chapman and
Mary Martin for defendant/
counter claimant cross-claimant-
appellee on the motion