IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
March 5, 2012
KURT BUTLER, PLAINTIFF-APPELLANT,
CLINTON MYERS, JASON KEEFNER, MDDR HEALTH SOLUTIONS, INC., ALPHA EXECUTIVE SECURITY, DEFENDANTS-APPELLEES
The opinion of the court was delivered by: Kurt Butler, Presiding Judge
ORDER DENYING FEBRUARY 27, 2012 HRAP RULE 40 MOTION FOR RECONSIDERATION OF FEBRUARY 24, 2012
ORDER DISMISSING APPEAL FORLACK OF JURISDICTION (By: Foley, Presiding Judge, Fujise and Leonard,JJ.)
Upon review of (1) the February 24, 2012 order dismissing Appeal CAAP-11-0000790 for lack of jurisdiction, (2) Plaintiff-Appellant Kurt Butler's (Butler) February 27, 2012 motion to reconsider the February 24, 2012 dismissal order pursuant to Rule 40 of the Hawaii Rules of Appellate Procedure, and (3) the record, it appears that we did not overlook or misapprehend any points of law or fact when we dismissed Appeal No. CAAP-11-0000790 for lack of appellate jurisdiction.
Jurisdiction is the base requirement for any court considering and resolving an appeal or original action.
Appellate courts, upon determining that they lack jurisdiction[,] . . . shall not require anything other than a dismissal of the appeal or action. Without jurisdiction, a court is not in a position to consider the case further.
Pele Defense Fund v. Puna Geothermal Venture, 77 Hawaii 64, 69 n.10, 881 P.2d 1210, 1215 n.10 (1994) (emphases added). We note, however, that upon dismissal of this appeal Butler may make a request to the Second Circuit Court that the court enter an appealable judgment.
Therefore, IT IS HEREBY ORDERED that Butler's February 27, 2012
HRAP Rule 40 motion to reconsider the February 24, 2012 dismissal order is denied.
On the motion:
© 1992-2012 VersusLaw Inc.