Vicente v. Life Care Center of Hilo
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NO. 25626 IN THE SUPREME COURT OF THE STATE OF HAWAI#I DWIGHT J. VICENTE, Claimant-Appellant, vs. LIFE CARE CENTER OF HILO and JOHN MULLEN & COMPANY, INC., Employer/Insurance Adjuster-Appellee. APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2001-451(H)) (1-87-00882) ORDER DENYING EMPLOYER/INSURANCE ADJUSTER-APPELLEE, LIFE CARE CENTER OF HILO AND JOHN MULLEN & COMPANY, INC. S MOTION TO DISMISS APPEAL (By: Levinson, J.) Upon consideration of Employer-Appellee Life Care Center of Hilo, Inc. and Insurance Adjuster-Appellee John Mullen & Company, Inc. s motion to dismiss the appeal of ClaimantAppellant Dwight J. Vincente for failing to comply with HRAP Rule 3 regarding service of the notice of appeal, the papers in support, and the records and files herein, it appears that: (1) Appellant filed a notice of appeal on February 7, 2003, but he did not serve the notice of appeal in accordance with HRAP Rule 3; (2) the agency appealed from served a copy of the notice of appeal on Appellees and Appellees do not challenge the validity of the appeal or the jurisdiction of the court; and (3) the record shows that Appellant served Appellees with a copy of the statement of jurisdiction. Therefore, IT IS HEREBY ORDERED that the motion to dismiss appeal is denied. IT IS FURTHER ORDERED that Claimant-Appellee Dwight J. Vincente shall serve copies of all future documents filed in this appeal in accordance with HRAP Rule 25. DATED: Honolulu, Hawai#i, May 19, 2003. STEVEN H. LEVINSON Associate Justice Sidney J.Y. Wong and Florencio C. Baguio, Jr. for employer/insurance adjuster-appellee on the motion 2
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