Hawaii Insurers Council v. Cayetano
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NO. 25492 IN THE SUPREME COURT OF THE STATE OF HAWAI#I _________________________________________________________________ HAWAII INSURERS COUNCIL, Plaintiff-Appellant, vs. BENJAMIN CAYETANO, GOVERNOR, STATE OF HAWAII; STANLEY SHIRAKI, DIRECTOR OF FINANCE, DEPARTMENT OF BUDGET AND FINANCE; KATHRYN MATAYOSHI, DIRECTOR, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS; WAYNE METCALF, INSURANCE COMMISSIONER, INSURANCE DIVISION, DEPARTMENT OF COMMERCEAND CONSUMER AFFAIRS, Defendants-Appellees. _________________________________________________________________ APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 02-1-2295-09) (By: ORDER Levinson, J., for the court1) Upon consideration of Plaintiff-Appellant Hawaii Insurers Council s emergency motion for injunction pending appeal, the papers in support and opposition, and the records and files herein, it appears that Appellant fails to demonstrate that it is entitled to an injunction pending appeal. See Life of the Land v. Ariyoshi, 59 Haw. 156, 577 P.2d 1116 (1978) (to obtain injunctive relief pending appeal, the movant must show: (1) a substantial likelihood of prevailing on the merits; (2) the balance of harm favors the issuance of an injunction; and (3) an injunction is in the public interest). Therefore, IT IS HEREBY ORDERED that the motion for injunction pending appeal is denied. DATED: Honolulu, Hawai#i, December 3, 2002. FOR THE COURT: STEVEN H. LEVINSON Associate Justice 1 Considered by: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.
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