Tamashiro v. Department of Human Services
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NO. 23997 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ MYLES TAMASHIRO, WARREN TOYAMA, HEATHER FARMER, FILO TU, JEANETTE TU, LYNN MISAKI, CLYDE OTA, MIRIAM ONOMURA, and YOSHIKO NISHIMURA, Plaintiffs-Appellants/Cross-Appellees, vs. DEPARTMENT OF HUMAN SERVICES, STATE OF HAWAI#I, ET AL., Defendants-Appellees/Cross-Appellants. _________________________________________________________________ APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 96-3011) ORDER GRANTING MOTION TO DISMISS APPEAL AND DENYING MOTION FOR TEMPORARY STAY OF APPEAL PENDING RULING ON PLAINTIFFS MOTION FILED IN THE CIRCUIT COURT ON FEBRUARY 9, 2001 (By: Moon, C.J., Nakayama, Ramil, Acoba, JJ., and Circuit Judge Simms, in place of Levinson, J., recused) Upon consideration of: (1) Defendants-Appellees/Cross- Appellants motion to dismiss the appeal; (2) PlaintiffsAppellants/Cross-Appellees opposition to the motion to dismiss the appeal; and (3) Plaintiffs-Appellants/Cross-Appellees motion for a temporary stay of the appeal pending a ruling on Plaintiffs motion filed in the circuit court on February 9, 2001; and (4) the records and files herein, IT IS HEREBY ORDERED that the motion to dismiss the appeal is granted, and the appeal and the cross-appeal are dismissed for lack of appellate jurisdiction. IT IS FURTHER ORDERED that the motion for a temporary stay of the appeal is denied. DATED: Honolulu, Hawai#i, March 14, 2001. -2-
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