NOS. 26147 and 26157
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
In the Matter of the Application of FRANK GONSALVES
CORREA to
register and confirm title to land situate at
Omaopio 1, 2, 3, and
4, Kula, Maui, State of Hawai`i
(No. 26147 (Application No. 342, Land Court No. 03-0003))
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In the Matter of the Application of FRANK GONSALVES
CORREA to
register and confirm title to land situate at Omaopio 1, 2, 3,
and 4, Kula, Maui, State of Hawai`i
(No. 26157 (Application No. 342, Land Court No. 03-0001))
APPEAL FROM THE LAND COURT
ORDER DENYING MOTION
FOR RECONSIDERATION
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of the motion for reconsideration of the February
26, 2004 order dismissing No. 26147 and No. 26157,
the papers in support and the record, it appears that as to No. 26147,
the orders granting expungement and injunctive relief
entered on September 25, 2003 and October 21, 2003 in Land Court No.
03-0003 are not appealable collateral orders
inasmuch as the matters of expungement and injunctive relief were not
completely separate from the merits of Land Court
No. 03-0003, but were the very matters for which Land Court No. 03-0003
was filed. As to No. 26157, the September 9,
2003 order granting injunctive relief is not an appealable collateral
order in Land Court No. 03-0001 inasmuch as the
granting of injunctive relief was not completely separate from the
merits of Land Court No. 03-0001, but was directly
related to the dispute over title to property for which Land Court No.
03-0001 was filed. Therefore,
IT IS HEREBY ORDERED that the motion for reconsideration is denied.
DATED: Honolulu, Hawai`i, March 10, 2004.