NO. 28273
IN THE SUPREME COURT
OF THE STATE OF
CIV. NO 97-0448
HOWARD K. LESLIE,
JR., Petitioner-Plaintiff-Appellant,
and
LEIMOMI LESLIE FRESCH, individually,
and as next friend for
HOWARD K. LESLIE, JR., and HOWARD K. LESLIE, SR.,Respondents-Plaintiffs-Appellees,
vs.
THE ESTATE OF JAMIE
K. TAVARES, Deceased,
Respondent-Defendant-Appellee,
and
JOHN DOES 1-10, JANE
DOES 1-10, DOE PARTNERSHIPS 1-10; DOE
CORPORATIONS 1-10; and DOE ENTITIES 1-10, Defendants.
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STATE OF
Respondent-Lien Holder-Appellee,
and
JOSEPH
L. WILDMAN and SIBILLA & WILDMAN, Intervenors-Appellees.
CIV. NO. 98-5468
HOWARD K. LESLIE,
JR., MEGAN LESLIE and MALYSSA LESLIE, minors,
through their Guardian Ad Litem MARLENE L. ANDUHA,
Plaintiffs,
vs.
JEFFREY K. KANUI,
personal representative of THE ESTATE OF
JAMIE K. TAVARES, Defendant,
and
JOHN DOES 1-10, JANE
DOES 1-10, DOE PARTNERSHIPS 1-10; DOE
CORPORATIONS 1-10; and DOE ENTITIES 1-10, Defendants.
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JEFFERY K. KANUI, personal
representative of THE ESTATE OF
JAMIE K. TAVARES, Third-Party Plaintiff,
vs.
LEIMOMI L. FRESCH and
HOWARD K. LESLIE, SR.,
Third-Party Defendants.
CERTIORARI TO THE
INTERMEDIATE COURT OF APPEALS
(CIV. NOS. 97-0448 and 98-5468)
ORDER ACCEPTING
APPLICATION FOR WRIT OF CERTIORARI,
VACATING ORDER DISMISSING APPEAL AND
REMANDING APPEAL
TO THE INTERMEDIATE COURT OF APPEALS
(By: Moon, C.J., Levinson, Nakayama, Acoba, and
Duffy, JJ.)
Petitioner-plaintiff-appellant Howard Leslie, Jr. applies for a writ of
certiorari to review the Intermediate Court of Appeals' February 12, 2007 order
dismissing his appeal for lack of appellate jurisdiction and the March 2, 2007
order denying reconsideration thereof. The Intermediate Court of Appeals
determined that the August 22, 2001 order affirming the apportionment of the
settlement proceeds in Civ. No. 97-0448, certified as
final pursuant to Hawai‘i Rules of Civil
Procedure (HRCP) Rule 54(b) on October 11, 2006, is not appealable
because the order was not reduced to a separate certified judgment pursuant to
HRCP Rule 58. However, the supreme court determined in Leslie v. Estate of
Tavares, 109 Hawai‘i 8, 12, 122 P.3d 803,
807 (2005), that the August 22, 2001 order would be a "final
order" appealable pursuant to Hawai‘i Revised Statues (HRS) § 641-1(a) (Supp.
2006) upon the circuit court's designation of the order as final pursuant to
HRCP Rule 54(b). The supreme court's determination is
the law of the case. See Thompson v. AIG Hawaii Ins. Co., Inc.,
111 Hawai‘i 413, 423 n.14, 142 P.3d 277, 287
n.14 (2006) ("[A] determination of a question of law made by an appellate
court in the course of an action becomes the law of the case and may not be
disputed by a reopening of the question at a later stage of the
litigation." (Citation omitted.)). The August 22, 2001 order, certified as
final pursuant to HRCP Rule 54(b) on October 11, 2006, is an appealable final order, and the Intermediate Court of
Appeals has jurisdiction to review the order. See HRS § 641-1(a).
Therefore,
IT IS HEREBY ORDERED that the application for a writ of certiorari is accepted.
IT IS FURTHER ORDERED that: (1) the February 12, 2007 order of the Intermediate Court of Appeals dismissing No. 28273 for lack of appellate jurisdiction and the March 2, 2007 order denying reconsideration thereof are vacated; and (2) No. 28273 is remanded to the Intermediate Court of Appeals for disposition on the merits.
DATED: