Schmidt v. Pacific Benefit Services, Inc. (Order Denying Appellee's Motion to Dismiss Appellant's Notice of Appeal for Lack of Appellate Jurisdiction and for an Award of Reasonable Attorney's Fees and Costs)

NO. 25755

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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J.P. SCHMIDT, in his capacity as Liquidator and Trustee of the Pacific Group Medical Association Liquidating Trust,
Appellee-Plaintiff

vs.

PACIFIC BENEFIT SERVICES, INC.,
Appellant/Defendant.

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APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NOS 97-5273 AND 99-4504)

ORDER DENYING APPELLEE'S MOTION TO DISMISS APPELLANT'S
NOTICE OF APPEAL FOR LACK OF APPELLATE JURISDICTION
AND FOR AN AWARD OF REASONABLE ATTORNEY'S FEES AND COSTS
(By: Levinson, J., for the court ⁽¹⁾)

Upon consideration of Appellee's motion to dismiss Appellant's notice of appeal for lack of appellate jurisdiction and for an award of reasonable attorney's fees and costs, the papers in support and opposition, and the records and files herein,

IT IS HEREBY ORDERED that the motion to dismiss appeal is denied without prejudice to Appellee presenting any argument in the answering brief.
 

IT IS FURTHER ORDERED that the motion for award of reasonable attorney's fees and costs is denied.
 

DATED: Honolulu, Hawai‘i, July 3, 2003.
 

FOR THE COURT:

STEVEN H. LEVINSON
Associate Justice
 

Clifford K. Higa, Wendell
H. Fuji, Lanson K. Kupau,
Duane C. Seabolt (Kobayashi
Sugita & Goda) for
appellee-plaintiff on
the motion
 

Charles S. Lotsof
for appellant on the
opposition
 

1. Considered by: Moon, C.J., Levinson, Nakayama and Acoba, JJ., and Circuit Judge August, assigned by reason of vacancy.