Ellis v. Circuit Court of the Second Circuit
This text of Ellis v. Circuit Court of the Second Circuit (Ellis v. Circuit Court of the Second Circuit) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Electronically Filed Supreme Court SCPW-12-0000482 06-JUN-2012 11:30 AM
NO. SCPW-12-0000482
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
WILLIAM S. ELLIS JR., Petitioner,
vs.
CIRCUIT COURT OF THE SECOND CIRCUIT, STATE OF HAWAI#I, Respondent.
ORIGINAL PROCEEDING (CIVIL NO. 05-1-0232(2))
ORDER GRANTING PETITION FOR WRIT OF MANDAMUS (By: Recktenwald, C.J., Nakayama, Acoba, and McKenna, JJ. and Circuit Judge Crandall, in place of Duffy, J. recused)
Upon consideration of petitioner William S. Ellis Jr.’s
petition for a writ of mandamus and the papers in support, it
appears that the appeal in Civil No. 05-1-0232 of HRCP 54(b)
judgments entered on September 16, 2011 and October 13, 2011 on
some of the parties’ claims did not divest the circuit court of
jurisdiction over the remainder of Civil No. 05-1-0232. The
circuit court has jurisdiction and had jurisdiction, on April 25,
2012, to hear motions for entry of judgment on claims and cross-
claims for which an appeal of a prior judgment on such claims was
dismissed by the ICA on January 17, 2012. The circuit court’s
April 25, 2012 ruling to the contrary was incorrect as a matter of law. See Territory v. Damon, 44 Haw. 557, 563, 356 P.2d 386,
390 (1960) (“[W]hen an appeal is taken from [an HRCP 54(b)
judgment], the trial court is divested of jurisdiction with
respect to the claim as to which the judgment was entered but it
retains jurisdiction over the remainder of the case.”).
Therefore,
IT IS HEREBY ORDERED that the answer provision of HRAP
21(c) is suspended pursuant to HRAP 2.
IT IS FURTHER ORDERED that the petition for a writ of
mandamus is granted. In Civil No. 05-1-0232, the circuit court
shall hear -- on August 22, 2012 or prior thereto, if feasible --
the parties’ February 27, 2012 and April 3, 2012 motions for
entry of judgment.
DATED: Honolulu, Hawai#i, June 6, 2012.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Virginia L. Crandall
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