Okimoto v. United Public Workers, AFSCME, Local 646, AFL-CIO
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NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
NO. 28072
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
GLENN
OKIMOTO, Former Comptroller, Department of Accounting
and General
Services, State of Hawai`i; MARY
ALICE
EVANS,
Comptroller, Department of Accounting and
General
Services, State of Hawai`i; DIANNE MATSUURA,
Personnel
Officer, Department of Accounting and General
Services;
State of Hawai`i; JAMES RICHARDSON,
Administrator,
Central Services Division, Department of
Accounting and
General Services, State of Hawai`i; and
DONALD INOUYE,
manager, Physical Plant Operations and
Maintenance
Program, Department of Accounting and
General
Services, State of Hawai`i, Respondents-Appellants,
UNITED PUBLIC WORKERS, AFSCME, LOCAL 646, AFL-CIO,
Complainant-Appellee,
and
HAWAII LABOR RELATIONS BOARD, BRIAN K. NAKAMURA,
Chairperson; CHESTER C. KUNITAKE, Board Member, and
KATHLEEN RACUYA-MARKRICH, Board Member, Appellees
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CV. NO. 03-1-1797-09)
ORDER DISMISSING APPEAL WITHOUT PREJUDICE (By: Burns, C.J., Lim and Foley, JJ.)
Upon review of the record in this case, it appears that (1) the appellant filed a notice of appeal to the circuit court from an agency decision; (2) the notice of appeal was properly filed in the circuit court record, Civil No. 03-1-1797, but, by mistake, a copy of the notice of appeal to the circuit court was transmitted to the appellate court and docketed under No. 28072. Therefore,
IT IS HEREBY ORDERED that the appeal docketed as No. 28072 is dismissed without prejudice to the circuit court deciding the notice of appeal to the circuit court, which was filed in Civil No. 03-1-1797, and without prejudice to any subsequent appeal to the appellate court allowed by statute.
DATED: Honolulu, Hawai`i, September 7, 2006
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