Doe v. Hifo
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NO. 24518 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ JANE DOE, Petitioner, vs. THE HONORABLE EDEN E. HIFO, JUDGE OF THE CIRCUIT COURT OF THE FIRST CIRCUIT, STATE OF HAWAI#I; THE DEPARTMENT OF THE ATTORNEY GENERAL OF THE STATE OF HAWAI#I; and GROSVENOR CENTER ASSOCIATES, a Hawai#i Partnership; GROSVENOR INTERNATIONAL (HAWAII) LIMITED, a Hawai#i Corporation; GRC PROPERTIES, INC., a Delaware Corporation; SAFEGUARD SERVICES, INC., a Hawai#i Corporation, Respondents. _________________________________________________________________ ORIGINAL PROCEEDING (CIV. NO. 95-4221-11) (By: ORDER Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) Upon consideration of Petitioner Jane Doe s petition for a writ of mandamus, the papers in support and opposition, and the records and files herein, it appears that: (1) Petitioner is seeking an order directing the circuit court to enter a final judgment in Doe v. Grosvenor Center Associates, Civil No. 95-422, pursuant to Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994); (2) the circuit court refused to enter a judgment because Petitioner filed an earlier appeal, docketed as Appeal No. 22488, that was dismissed; (3) this court takes judicial notice of its own files and notes that there was no jurisdiction for the earlier appeal because there was an outstanding cross-claim and the circuit court did not certify the judgment being appealed as final pursuant to HRCP Rule 54(b); (4) inasmuch as the underlying case was not finally resolved until the circuit court entered an order dismissing the cross-claim on March 21, 2001, the circuit court should have granted Petitioner s request for entry of a final judgment in accordance with Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994). Therefore, IT IS HEREBY ORDERED that the petition for a writ of mandamus is granted. The circuit court shall forthwith enter a final judgment that complies with Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 869 P.2d 1334 (1994). DATED: Honolulu, Hawai#i, April 8, 2002. 2
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