Roaring Lion, LLC v. Exclusive Resorts PBL1, LLC

• Court: Hawaii Intermediate Court of Appeals
• Decided: September 23, 2010
• Docket: 30581
• Status: Published

Opinion

LAYAY!

NOT FOR PUBLICATION ]N WEST'S HAWAI‘I REPORTS AN]) PACIFIC REPOR'l`ER

NO. 3058l

IN THE INTERMEDIATE COURT OF APPEALS

oF THE sTATE oF HAwAfI

ROARING LION, LLC, a Montana Limited Liability C0mpany;;3 DAvID cowAN and NATHALIE coWAN, et a1, P1aintiffs-Appel1ee§j

V.

6$1§N§

EXCLUSIVE RESORTS PBLl, LLC, Hq a Delaware Limited Liability Company, et al.;` Defendants-Appellants, and PAUOA BAY PROPERTIES, LLC,

a Delaware Limited Liability Company, et al., Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 04-l-O332)

ORDER GRANTING AUGUST 30, 20lO MOTION TO DISMISS APPEAL (By: Fujise, Presiding Judge, Reifurth and Ginoza, JJ.) Upon review of (1) Defendants-Appellants Exclusive Resorts PBL1, LLC, and ExclusiVe Resorts PBL3, LLC's (Exclusive Resorts Appellants), August 30, 2010 motion to dismiss appellate court case number 30581 for lack of appellate jurisdiction, (2) Exclusive Resorts Appellants' August 31, 2010 errata as to their August 30, 2010 motion to dismiss, (3) Plaintiffs-Appellees Roaring Lion, LLC, David Cowan, Nathalie Cowan, Umang P. Gupta, Ruth M. Gupta, and Pauoa Beach 8 LLC's (the Appellees) September 7, 2010 statement of no opposition to the August 30, 2010 motion to dismiss, and (4) the record, it appears that we lack jurisdiction over this appeal because Exclusive Resorts Appellants did not timely appeal from the circuit court's May 17, 2010 "Order

Granting in Part Plaintiffs' Motion for Order to Show Cause Why

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Defendants Exclusive Resorts PBL1, LLC[,] and Exclusive Resorts PBL3, LLC[,] Should Not Be Held in Contempt"1 (the May l7, 2010 interlocutory order), as required under Rule 4(a)(1) of the_ Hawafi Rules of Appellate Procedure (HRAP). Therefore,

IT IS HEREBY ORDERED that Exclusive Resorts Appellants' August 30, 2010 motion to dismiss appellate court case number 30581 for lack of appellate jurisdiction is granted, and this appeal is dismissed without prejudice to the parties' asserting a timely appeal from any appealable order or appealable judgment that the circuit court might enter in this case.

DATED= Honolulu, Hawai‘i, september 23» 2019-

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Presiding Judg

Associate Judge

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The Honorable Greg K. Nakamura was the presiding judge.

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