Hawaii Ventures, LLC v. Otaka, Inc.
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NO. 25344 IN THE SUPREME COURT OF THE STATE OF HAWAI#I HAWAII VENTURES, LLC, Plaintiff-Appellants, Cross-Appellee, vs. OTAKA, INC.; TAKAO BUILDING CO., LTD., formerly known as Takao Building Development co., Ltd.,; K. DAINI SEVEN; YUKIO TAKAHASHI; HAWAIIAN WAIKIKI BEACH, INC.; ALAKA#I MECHANICAL CORPORATION; HEWLETT-PACKARD COMPANY; HAWAII ENERGY MANAGEMENT CO., LL., Defendants-Appellees, Cross-Appellants, and BUSINESS MANAGEMENT GROUP, INC.; BEACH SNACK EXPRESS, INC.; JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE CORPORATIONS 2-50, DOE ENTITIES 1-50 and DOE GOVERNMENTAL UNITS 1-50, Defendants, and ILWU LOCAL 142 AFL-CIO, and THEODORE H. SMYTH, Trustee, SMYTH FAMILY TRUSTS, Intervenor Defendants-Appellees, Cross-Appellants, and ARGONAUT INSURANCE COMPANY, Intervenor Defendant-Appellee, Cross-Appellee, OTAKA, INC., and HAWAIIAN WAIKIKI BEACH, INC., Counterclaimants-Appellees, Cross-Appellants, vs. LEUCADIA NATIONAL CORPORATION, Additional Counterclaim Defendant, ---------------------------------------------------------------PATRICIA KIM PARK, Receiver-Appellee, Cross-Appellee. APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 00-1-2427) ORDER GRANTING INTERVENOR-DEFENDANT AND COUNTERCLAIMANT THEODORE H. SMYTH S MOTION FOR ORDER DISMISSING NOTICE OF CROSS-APPEAL AS PREMATURE (By: Moon, C.J., Levinson, Nakayama and Acoba, JJ., and Circuit Judge Milks, assigned by reason of vacancy) Upon consideration of Cross-Appellant Theodore H. Smyth s motion for order dismissing notice of cross-appeal as premature, the papers in support, and the records and files herein, it appears that: (1) on September 23, 2003, Appellant Hawaii Ventures, Ltd. filed a notice of appeal; (2) on October 7, 2002, Cross-Appellant Smyth filed a notice of cross-appeal listing several interlocutory orders he was appealing from; and (3) on January 13, 2003, this court issued an order limiting the appeal and indicating that the orders listed in Cross-Appellant Smyth s notice of appeal were not appealable at the time. Therefore, IT IS HEREBY ORDERED that Cross-Appellant Theodore H. Smyth s motion for order dismissing notice of cross-appeal as premature is granted, and Cross-Appellant Theodore H. Smyth s cross-appeal is dismissed. DATED: Honolulu, Hawai#i, July 7, 2003. Francis P. Hogan for intervenor defendant-appellee, cross-appellant Theodore H. Smyth 2
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