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Marlowe v. Lanai Resorts, LLC

Intermediate Court of Appeals of Hawaii

February 11, 2014

STUART SAUL MARLOWE and KATHLEEN SUSAN MARLOWE, Claimants-Appellants,
v.
LANAI RESORTS, LLC, fka CASTLE & COOKE RESORTS, LLC, Respondent-Appellee

NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (S.P. NO. 13-1-0192)

Foley, Presiding Judge, Fujise and Leonard, JJ.

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

Upon review of the record, it appears that we lack appellate jurisdiction over this appeal that Claimants-Appellants Stuart Saul Marlowe and Kathleen Susan Marlowe (the Marlowe Appellants) have asserted from the Circuit Court of the First Circuit (Circuit Court)[1] August 27, 2013 amended judgment, because the Circuit Court's July 29, 2013 judgment is the relevant document that actually triggered the thirty-day time period under Rule 4(a) (1) of the Hawai'i Rules of Appellate Procedure (HRAP) for filing a notice of appeal from the final judgment on the June 3, 2013 order granting Respondent-Appellee Lanai Resorts, LLC fka Castle & Cooke Resorts, LLC's (Appellee Lanai Resorts), April 10, 2013 motion to confirm the arbitration award in this matter, and the Marlowe Appellants' September 25, 2013 notice of appeal is untimely under HRAP Rule 4(a)(1) as to the July 29, 2013 judgment.

In a circuit court proceeding that relates to a prior arbitration proceeding, "HRS § 658A-28(a) authorizes an appeal from an order confirming an award or from a final judgment entered pursuant to that chapter." In re Trustees of the Don Ho Revocable Living Trust v. DeMattos, 126 Hawai'i 179, 181, 268 P.3d 432, 434 (App. 2011).

§ 658A-28. Appeals.

(a) An appeal may be taken from:
(1) An order denying a motion to compel arbitration;
(2) An order granting a motion to stay arbitration;
(3) An order confirming or denying confirmation of an award;
(4) An order modifying or correcting an award;
(5) An order vacating an award without directing a rehearing; or
(6) A final judgment entered pursuant to this chapter.
(b) An appeal under this section shall be taken as from an order or a ...

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