NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION On September 29, 2009, Plaintiff-Appellant Mariano V. Hernando (Hernando) appealed a total of nine judgments and orders issued by the Circuit Court of the First Cirucit (circuit court) 1 in favor of Defendants-Appellees Department of Education (DOE), Department of Human Resources Development (DHRD), and Merit Appeals Board (MAB) (collectively, "Appellees"), arising from a...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER ORDER DISMISSING APPEAL AS MOOT Petitioner-Appellant Faustino Abadilla (Abadilla) appeals from the "Findings of Fact, Conclusions of Law and Order Denying Petitioner's May 28, 2009 Petition for Post-Conviction Relief (Rule 40, HRPP)," entered December 2, 2009 in the Circuit Court of the Third Circuit. 1 Abadilla's "Petition for Post Conviction Relief (Rule 40, HRPP)" and appeal challenge the terms of his minimum terms of...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION In this secondary appeal, Appellant-Appellant Kilakila `O Haleakala (KOH) appeals from the Final Judgment filed March 29, 2011 in the Circuit Court of the First Circuit 1 (circuit court). Final Judgment was entered in favor of Appellees-Appellees Board of Land and Natural Resources (BLNR); Department of Land and Natural Resources (DLNR); William Aila (Aila) in his official capacity as Interim Chairperson of...
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS ON THE PACIFIC REPORTER SUMMARY DISPOSITION ORDER Defendant-Appellant Kaeokulani Kawananakoa (Kawananakoa) appeals from the "Notice of Entry Judgment and/or Order and Plea/Judgment" (Judgment) filed on May 12, 2011, in the District Court of the First Circuit (District Court). 1 Kawananakoa was charged by complaint with (1) Operating a Vehicle Under the Influence of an Intoxicant (OVUII), in violation of Hawaii Revised Statutes (HRS) 291E-61(a)(1)...
OPINION OF THE COURT BY FOLEY, J. Intervenor-Appellant County of Maui (Maui County) appeals from the February 8, 2011 Decision and Order (Order) filed by the Public Utilities Commission (PUC). In its Order, PUC granted approval to Applicant-Appellee Wai`ola O Moloka'i (Wai`ola) for a rate increase of approximately 284.5% over previous rates. On appeal, Maui County contends PUC erred by concluding Wai`ola's proposed rate increase was just and reasonable when (1) the increase was based in part...
ORDER GRANTING MOTION TO DISMISS APPEAL WITH PREJUDICE Upon consideration of Defendant-Appellant Barry Levin's Motion to Dismiss Appeal Without Prejudice, the papers in support, and the records and files herein, IT IS HEREBY ORDERED that the motion is granted, and this appeal is dismissed with prejudice. The parties shall bear their own appellate costs and fees.
OPINION OF THE COURT BY GINOZA, J. This appeal is brought by Plaintiffs-Appellants Ann Sue Isobe (Isobe) and Glenn Nobuki Murakami (Murakami) (collectively Plaintiffs-Appellants) challenging the rulings by the Circuit Court of the First Circuit (circuit court) 1 granting partial dismissal and then summary judgment in favor of Defendant-Appellant James Hochberg (Hochberg). Hochberg, an attorney, represented parties adverse to Plaintiffs-Appellants in two prior legal proceedings. Arising from...
SUMMARY DISPOSITION ORDER Intervenors/Descendants-Appellants Kathleen M.S. Mikatich (Mikatich) and Dianne M.S. Frazier (Frazier) (collectively, Intervenors) appeal from the order denying their motion for intervention or joinder (Order) 1 that was entered by the Circuit Court of the First Circuit (Circuit Court). 2 On appeal, Intervenors contend in their points of error that the Circuit Court erred in: (1) denying their motion to intervene as of right pursuant to Hawai`i Rules of Civil...
SUMMARY DISPOSITION ORDER In appeal no. 28664, Plaintiff-Appellant Joye C. Romero, now known as Joye C. Hanabusa ("Joye"), appeals from the June 22, 2007 Decision Granting in Part and Denying in Part Defendant's Motions for Relief Filed Herein on February 27, 2007 and May 23, 2007 ("Decision") of the Family Court of the First Circuit ("Family Court") which granted the prospective portion and denied the retroactive portion of Defendant-Appellee Daniel L. Romero's ("Daniel") motions for post-...
ORDER DISMISSING APPEAL Upon review of the record, it appears that we do not have jurisdiction over this appeal that Plaintiff-Appellant Jimi McKenney (McKenney) has asserted from the Honorable Gary W.B. Chang's February 4, 2010 "Order Denying Plaintiff Jimi McKenney's Motion to Set Aside Order of Dismissal Filed September 18, 2009" (the February 4, 2010 order) because the February 4, 2010 order is not an appealable final order pursuant to Hawaii Revised Statutes (HRS) 641-1 (a) (1993 & Supp....
ORDER DENYING MOTION FOR RECONSIDERATION Upon consideration of Defendant-Appellee Medtronic Sofamor Danek, USA, Inc.'s April 9, 2012 Motion for Reconsideration of the Intermediate Court of Appeals' Opinion filed on March 30, 2012, and the records and files in this case, IT IS HEREBY ORDERED that the motion is denied.
ORDER GRANTING FEBRUARY 10, 2012 MOTION TO DISMISS APPEAL FOR LACK OF APPELLATE JURISDICTION Upon review of (1) Defendant/Counterclaim-Plaintiff/Appellee Association of Apartment Owners of Lihue Townhouse (Appellee AOAO Lihue Townhouse) and Defendants-Appellees Conrad Murashige (Appellee Murashige), Shannon Brunner (Appellee Brunner), Rae Nishikawa (Appellee Nishikawa), Patrick Maher (Appellee Maher), Mark Myers (Appellee Myers), and RE3, LLC, Real Estate Services' (Appellee RE3 LLC Real...
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER ORDER DENYING DEFENDANTS-APPELLANTS' MOTION FOR RECONSIDERATION OF ORDER GRANTING PLAINTIFF-APPELLEE'S MOTION TO DISMISS APPEAL J.L, FILED FEBRUARY 8, 2012 1 FOLEY Presidin FUJIS and GINOZA, JJ. Upon consideration of Defendants-Appellants' Motion for Reconsideration of February 8, 2012 Order Granting Plaintiff-Appellee Eastern Savings Bank, FSB's Motion To Dismiss Appeal filed February 21, 2012, the memorandum/papers in...
SUMMARY DISPOSITION ORDER Defendant-Appellant Clifford K. Parker (Parker) was convicted of six counts of wilful failure to file Hawai'i income tax returns and six counts of attempting to evade or defeat Hawai'i income taxes. I. During the years 2000 through 2005, Parker was employed by Meadow Gold Dairies (Meadow Gold) and earned wages which obligated him to pay Hawai'i income taxes for each of those years. Parker had prepared and filed a Hawai'i income tax return for the year 1994. On...
