PREBLE v. BOARD OF TRUSTEEES, 25714 (Haw. 7-3-2003)

25714Supreme Court of Hawaii.
July 3, 2003.

APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 02-1-1972)

Mark J. Bennett, Dorothy Sellers, Adina Cunningham, and Kimberly Tsumoto for defendant-appellee Board of Trustees of the Employees’ Retirement System of the State of Hawaii.

Charles K.Y. Khim for plaintiffs-appellants on the opposition.

ORDER DENYING DEFENDANT-APPELLEE BOARD OF TRUSTEES OF THE EMPLOYEES’ RETIREMENT SYSTEM OF THE STATE OF HAWAII’S MOTION TO DISMISS APPEAL FOR LACK OF APPELLATE JURISDICTION
LEVINSON, J., for the court[1]

Upon consideration of Defendant-Appellee Board of Trustees of the Employees’ Retirement System’s motion to dismiss the appeal filed by Plaintiffs-Appellants Duane Preble, Marion Everson, and Charles K.Y. Khim, the papers in support and opposition, and the records and files herein, it appears that: (1) on August 20, 2002, Plaintiffs-Appellants filed a complaint for declaratory and injunctive relief against Defendant-Appellee; (2) the circuit court granted Defendant-Appellee’s motion to dismiss, and on March 12, 2003, the circuit court entered a final judgment in favor of Defendant-Appellee and against Plaintiffs-Appellants; (3) HRS § 641-1 allows a party to take an appeal from all final judgment, orders or decrees of the circuit court; (4) on March 24, 2003, Plaintiffs-Appellants filed a timely notice of appeal from the final judgment; and (5) this court has jurisdiction to consider the appeal from the order dismissing the complaint and subsequent final judgment. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss for lack of appellate jurisdiction is denied.