FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER


IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I




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HENRY HAALILIO PETERS, Plaintiff-Appellee, v.
NATHAN T.K. AIPA, Defendant-Appellant and
JOHN DOES 1-10; DOE PARTNERSHIPS 1-5; DOE
CORPORATIONS 1-5; and DOE GOVERNMENTAL OR
PROFESSIONAL ASSOCIATIONS 1-5, Defendants



NO. 27700






APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 03-1-1523)





ORDER OF AMENDMENT
(RECKTENWALD, C.J., WATANABE, and LEONARD, JJ.)

IT IS HEREBY ORDERED that the Opinion of the court, filed on July 14, 2008, is hereby amended at page 13, in the first full paragraph, to change the words "HRCP Rule 54(b) certification of" to "order allowing an appeal from" and adding See HRS § 641-1(b) (1993) after said sentence so that the paragraph reads:

There was no order allowing an appeal from the denial of summary judgment in this case. See HRS § 641-1(b) (1993). There does not appear to be any other basis for appellate jurisdiction over the denial of summary judgment. Thus, we hold that the Circuit Court's order was appealable in part but nonappealable as to the ruling on summary judgment.

The clerk of the court is directed to incorporate the foregoing change in the original opinion and take all necessary steps to notify the publishing agencies of this change.

DATED: Honolulu, Hawai‘i, July 25, 2008.