Schmidt v. Pacific Benefit Services, Inc.
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NO. 25755 IN THE SUPREME COURT OF THE STATE OF HAWAI#I J.P. SCHMIDT, in his capacity as Liquidator and Trustee of the Pacific Group Medical Association Liquidating Trust, Appellee-Plaintiff vs. PACIFIC BENEFIT SERVICES, INC., Appellant/Defendant. APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NOS 97-5273 AND 99-4504) ORDER DENYING APPELLEE S MOTION TO DISMISS APPELLANT S NOTICE OF APPEAL FOR LACK OF APPELLATE JURISDICTION AND FOR AN AWARD OF REASONABLE ATTORNEY S FEES AND COSTS (By: Levinson, J., for the court1) Upon consideration of Appellee s motion to dismiss Appellant s notice of appeal for lack of appellate jurisdiction and for an award of reasonable attorney s fees and costs, the papers in support and opposition, and the records and files herein, IT IS HEREBY ORDERED that the motion to dismiss appeal is denied without prejudice to Appellee presenting any argument in the answering brief. 1 Considered by: Moon, C.J., Levinson, Nakayama and Acoba, JJ., and Circuit Judge August, assigned by reason of vacancy. IT IS FURTHER ORDERED that the motion for award of reasonable attorney s fees and costs is denied. DATED: Honolulu, Hawai#i, July 3, 2003. FOR THE COURT: STEVEN H. LEVINSON Associate Justice Clifford K. Higa, Wendell H. Fuji, Lanson K. Kupau, Duane C. Seabolt (Kobayashi Sugita & Goda) for appellee-plaintiff on the motion Charles S. Lotsof for appellant on the opposition 2
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