Wiesenberg v. Univ. of HawaiiAnnotate this Case
Plaintiff filed a complaint and an amended complaint against the University of Hawaii at Manoa that was dismissed without prejudice. Thereafter, Plaintiff moved for leave to file a second amended complaint against the University of Hawaii (UH). The circuit court denied the motion. The circuit court then granted UH’s motion for judgment on the pleadings, concluding that the allegations pleaded in the first amended complaint were barred as a matter of law. After entry of a post-judgment order relating to attorneys’ fees and costs, the circuit court entered a final amended judgment (Final Amended Judgment). Plaintiff appealed. The Intermediate Court of Appeals (ICA) dismissed the appeal as untimely, determining that the Original Judgment was the operative judgment for purposes of the appeal. Plaintiff appealed, arguing that the filing of the Final Amended Judgment triggered the date for filing the notice of appeal. The Supreme Court agreed and vacated the ICA’s dismissal order, holding (1) the Final Amended Judgment amended the Original Judgment in a material and substantial respect such that the appeal deadline began to run from the date that the Final Amended Judgment was filed; and (2) therefore, Plaintiff’s appeal was timely.