Casumpang v. ILWU, Local 142
Annotate this Case
Download PDF
NO. 24637 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ NICANOR E. CASUMPANG, JR., Plaintiff-Appellee, vs. ILWU, LOCAL 142, Defendant-Appellant. _________________________________________________________________ APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT WAILUKU DIVISION (CIV. NO. W98-2104) ORDER VACATING RULE 60(b) ORDER AND DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon review of the record, it appears that the July 19, 2001 judgment in Civil No. W98-2104 was timely appealed by the parties in No. 24508. The timely appeals of the July 19, 2001 judgment divested the district court of jurisdiction to grant relief from the judgment under DCRCP 60(b) absent a remand of the case from the appellate court. See Life of the Land v. Ariyoshi, 57 Haw. 249, 252, 553 P.2d 464, 466 (1976). The October 19, 2001 order granting relief from the July 19, 2001 judgment, the Honorable Douglas H. Ige, presiding, was entered without a remand of the case from the appellate court. order is void and of no effect. Thus, the October 19, 2001 Therefore, IT IS HEREBY ORDERED that the October 19, 2001 order granting relief from the July 19, 2001 judgment under DCRCP 60(b) is vacated without prejudice to re-entry of the order upon remand of the case from the appellate court in accordance with the procedure set forth in Life of the Land v. Ariyoshi, supra. appeal is dismissed. DATED: Honolulu, Hawai#i, January 22, 2002. This
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
