Preble v. Board of Trustees of the Employees Retirement System of the State of Hawaii (Order Denying Motion to Dismiss Appeal)

NO. 26186
 

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

---

DUANE PREBLE and MARION EVERSON, Plaintiff-Appellants,

vs.

BOARD OF TRUSTEES OF THE EMPLOYEES RETIREMENT SYSTEM OF THE STATE
OF HAWAI`I; ADMINISTRATOR OF THE EMPLOYEES RETIREMENT SYSTEM OF
THE STATE OF HAWAI`I; and THE EMPLOYEES RETIREMENT SYSTEM OF
THE STATE OF HAWAI`I, Defendants-Appellees.

---

APPEAL FROM THE FIRST CIRCUIT COURT
(Civ No. 02-1-0832)

 

ORDER DENYING MOTION TO DISMISS APPEAL
(By: Levinson, J. for the court ⁽¹⁾)

Upon consideration of defendants-appellees' motion to dismiss appeal, the papers in support and in opposition and the record,

IT IS HEREBY ORDERED that the motion to dismiss appeal is denied without prejudice to raising the issues presented therein in the answering briefs.

DATED: Honolulu, Hawai`i, February 6, 2004.
 
 

Kevin P.H. Sumida and
Lance S. Au of Matsui Ching
Sumida & Tsuchiyama for
defendants-appellees ERS
Administrator and ERS on
the motion

Mark J. Bennett, Dorothy Sellers
and Kimberly Tsumoto for
defendant-appellee ERS Board
of Trustees on the joinder
 
 

1.     Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Circuit Judge Alm, in place of Duffy, J., recused.