Appeal Pointers
In multi-claim or multi-party circuit court cases, a final judgment is not appealable unless it identifies the claims and the parties for which the judgment is entered and unless it resolves, on its face, all claims against all parties. Jenkins v. Cades Schutte Fleming & Wright, 76 Haw. 115, 119-20, 869 P.2d 1334, 1338-39 (1994).
Supreme Court
Appeals
County of Haw. v. Unidev, LLC, No. SGWG-10-0000188, May 22, 2013, (Acoba, J.). Petitioners filed a complaint asserting various tort and contract claims against Respondent following an order from Respondent to cease work on Respondent's project. Following an appeal to the ICA, the Hawaii Supreme Court held that: (1) Hawaii Revised Statutes § 658A-28(a) does not represent an exclusive list of appealable orders; and (2) under the circumstances of this case, the scope of the arbitration clause in the Development Services Agreement between the parties encompassed all claims and counterclaims.
Attorneys' Fees
Kaleikini v. Toshioka, No. SGAP-11-0000611, May 2, 2013, (Recktenwald, C.J.). Appellant requested attorneys' fees and costs against city and state defendants for work performed in relation to Kaleikini v. Toshioka, 128 Hawaii 53, 283 P.3d 60 (2012). The Hawaii Supreme Court: (1) denied Appellant's request for fees and costs for trial level work; (2) granted Appellant's request for appellate fees...
