*** NOT FOR PUBLICATION ***
NO. 26724
IN THE SUPREME COURT OF THE STATE OF HAWAI`I
LAEL L. VOLAGE, Claimant-Appellee
vs.
RAYJEN CORPORATION and HAWAII EMPLOYERS' MUTUAL INSURANCE
COMPANY, Employer/Insurance
Carrier-Appellants
APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2004-139)
ORDER DISMISSING APPEAL
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon review of
appellants' statement of jurisdiction and the record, it appears that
the June 9, 2004 order denying the
motion to dismiss and the July 13, 2004 order denying reconsideration
thereof do not finally end the proceeding before the
Labor and Industrial Relations Appeals Board (LIRAB) in Case No. AB
2004-139. Deferring review of the June 9, 2004
and July 13, 2004 orders pending entry of a final decision and order by
the LIRAB would not deprive appellants of
adequate relief inasmuch as the June 9, 2004 and July 13, 2004 orders
and any adverse rulings arising from the LIRAB trial
will be appealable by appellants after entry of a final decision and
order in the appeal. Thus, we lack jurisdiction over this appeal. See HRS §§ 91-14(a) and 386-88. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai`i, November 4, 2004.