NO. 25622
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
WILLIAM SULLIVAN, as next friend for Reubyne W. Buentipo, Jr.,
a minor, and Reubyne W. Buentipo, Sr., indivdually,
Plaintiffs-Appellees/Cross-Appellants
vs.
STATE OF HAWAI‘I, Defendant-Appellant/Cross-Appellee
and
CITY AND COUNTY OF HONOLULU, Defendant-Appellee/Cross-Appellant
and
JOHN DOES 12-10, JANE DOES 1-10, DOE CORPORATIONS 1-10, and DOE
PARTNERSHIPS 1-10, Defendants
and
CITY AND COUNTY OF HONOLULU and STATE OF HAWAI‘I,
Third-Party Plaintiffs
vs.
KIMBERLY PADA, Third-Party Defendant
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 97-4036)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, and Acoba, JJ.
and Circuit Judge Masuoka, assigned by reason of vacancy)
Upon review of the record, it appears that the orders granting and denying
summary judgment entered on January 10, 2003, January 24, 2003 and January
29, 2003 were not properly certified for interlocutory appeal under HRS
§ 641-1(b) inasmuch as the February 4, 2003 orders granting the parties'
motions for interlocutory appeal, the Honorable Virginia Lea Crandall presiding,
did not set forth the circuit court's reasons for concluding that the interlocutory
appeals will speedily terminate the litigation, as required by Mason
v. Water Resources International, 67
Haw. 510, 512, 694 P.2d 388, 389 (1985)("the trial court shall carefully
consider the matter of whether it thinks an interlocutory appeal will more
speedily determine the litigation and, if it so concludes, will set forth,
in the order allowing the appeal, its reasons for that conclusion."). Therefore,
IT IS HEREBY ORDERED that the appeals by the plaintiffs, by defendant
State of Hawai‘i and by defendant City and County of Honolulu are dismissed
for lack of appellate jurisdiction.
DATED: Honolulu, Hawai‘i, May 23, 2003.