Williams v. Molokai Ranch, Limited

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NO. 26451 IN THE SUPREME COURT OF THE STATE OF HAWAI#I LONNIE WILLIAMS, Plaintiff-Counterclaim Defendant-Appellant, vs. MOLOKAI RANCH, LIMITED, a Hawaii corporation, DefendantCo8nterclaimant Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE NON-PROFIT ENTITIES 1-10; AND DOE GOVERNMENTAL ENTITIES 1-10, Defendants. APPEAL FROM THE SECOND CIRCUIT COURT (CIV. NO. 01-1-0210(2)) ORDER DENYING DEFENDANT/APPELLEE MOLOKAI RANCH, LIMITED S MOTION TO DISMISS APPEAL (By: Levinson, J.) Upon consideration of Defendant-Appellee Molokai Ranch, Limited s motion to dismiss the appeal of Plaintiff-Appellant Lonnie Williams, the papers in support, and the records and files herein, it appears that: (1) Appellee moves to dismiss the appeal because: (a) Plaintiff-Appellant failed to file a jurisdictional statement; and (b) Plaintiff-Appellant failed to supplement the record with a final judgment; (2) the circuit court filed the final judgment in the record on April 27, 2004 and the final judgment is part of the record on appeal, but it is not listed on the circuit court record index; and (3) Plaintiff-Appellant did not file a statement of jurisdiction. Therefore, IT IS HEREBY ORDERED that: (1) Plaintiff-Appellant Lonnie Williams shall file a statement of jurisdiction within ten days from the date of this order; and (2) the clerk of the Circuit Court of the Second Circuit, within ten days from the date of this order, shall file an amended corrected record on appeal that includes a docket entry for the final judgment filed on April 27, 2004. IT IS FURTHER ORDERED that the motion to dismiss is denied. DATED: Honolulu, Hawai#i, July 15, 2004. STEVEN H. LEVINSON Associate Justice Michiro Iwanaga, for defendant counterclaimant appellee on the motion 2

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