Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Yun Min Lin v. Guang Bin Lin and Ichiban Sushi & Bar

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


April 26, 2012

YUN MIN LIN, PLAINTIFF/COUNTERCLAIM-DEFENDANT/APPELLEE,
v.
GUANG BIN LIN AND ICHIBAN SUSHI & BAR, INC., DEFENDANTS/COUNTERCLAIM-PLAINTIFFS/APPELLANTS

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 10-1-0223)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

ORDER GRANTING MARCH 30, 2012 MOTION TO DISMISS APPEAL FOR LACK OF APPELLATE JURISDICTION

(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)

Upon review of (1) Defendants/Counterclaim-Plaintiffs/ Appellants Guang Bin Lin and Ichiban Sushi & Bar, Inc.'s (Appellants Guang Bin Lin and Ichiban Sushi & Bar) March 30, 2012 motion to dismiss Appeal No. CAAP-12-0000031 for lack of appellate jurisdiction, (2) the lack of any memorandum in opposition to Appellants Guang Bin Lin and Ichiban Sushi & Bar's March 30, 2012 motion to dismiss Appeal No. CAAP-12-0000031 for lack of appellate jurisdiction, and (3) the record, it appears that we lack jurisdiction over Appellants Guang Bin Lin and Ichiban Sushi & Bar's appeal from the Honorable Randal G.B. Valenciano's December 14, 2011 "Order Granting Plaintiff- Counterclaim Defendant Yun Min Lin's Motion for Summary Judgment against All Parties" (the December 14, 2011 interlocutory order), because the circuit court has not yet reduced the December 14, 2011 interlocutory order to a separate judgment that resolves all claims, as Rule 58 of the Hawaii Rules of Civil Procedure (HRCP) requires under the holding in Jenkins v. Cades Schutte Fleming & Wright, 76 Hawaii 115, 119, 869 P.2d 1334, 1338 (1994). IT IS HEREBY ORDERED that Appellants Guang Bin Lin and Ichiban Sushi & Bar's March 30, 2012 motion to dismiss Appeal No. CAAP-12-0000031 for lack of appellate jurisdiction is granted, and Appeal No. CAAP-12-0000031 is dismissed without prejudice to any party asserting a timely appeal from an appealable final judgment.

Presiding Judge

Associate Judge

Associate Judge

-

20120426

© 1992-2012 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.