Preview:

NO. 23282 IN THE SUPREME COURT OF THE STATE OF HAWAI#I

) ) Plaintiff-Appellant, ) ) ) v. ) ) JOB CORPS OF HAWAII, INC., ) Defendant-Appellee, ) ) ) and ) ) JOHN DOES 1-10, ) ) Defendants. _______________________________ ) ROSCOE FRINK,

CIV. NO. 97-2391

ORDER DISMISSING APPEAL Upon review of the statements supporting and contesting jurisdiction and the record, it appears that: (1) the

February 11, 2000 judgment is the appealable final judgment in Civil No. 97-2391; (2) the finality of the February 11, 2000 judgment is not affected by the pending HRCP Rule 11 sanctions matter against plaintiff's counsel; (3) the time for appealing the final judgment is measured from entry of the judgment on February 11, 2000, not from service of the judgment by mail on February 14, 2000; HRAP 4(a)(1) ("[T]he notice of appeal shall be filed within 30 days after entry of the judgment or appealable order."); HRAP 4(a)(5) ("A judgment or order is entered when it is filed in the office of the clerk of the court.");

(4) Appellant's notice of appeal from the February 11, 2000 judgment was filed on March 16, 2000, thirty-four days after the judgment was entered; (5) the notice of appeal is untimely; HRS

Download Frink v. Job Corps of Hawaii, Inc..pdf

Hawaii Law