Common Contracts

1 similar null contracts

IN THE SUPREME COURT OF THE STATE OF HAWAI'I
January 10th, 2014
  • Filed
    January 10th, 2014

certiorari review of the Intermediate Court of Appeals’ (“ICA”) dismissal of their appeal from the “Order Granting Plaintiff’s Motion to Allow Overbidding, to Confirm Sale, to Account for and Direct Reimbursement of Expenses and Attorneys’ Fees and to Disburse Net Proceeds” (“Confirmation Order”) for lack of jurisdiction. The Teisinas contend that the ICA has jurisdiction over the appeal because the Confirmation Order qualifies as a final, appealable order in the absence of a final judgment under the exception announced in Forgay v. Conrad, 47 U.S. 201 (1848). Respondent/plaintiff-appellee Hovey B. Lambert, Trustee Under the Hovey B. Lambert Trust (“Trustee Lambert”) argues that the ICA correctly dismissed the appeal for lack of jurisdiction because no final judgment has been entered in the case, and the Confirmation Order does not satisfy any of the exceptions to the final judgment requirement for appeals.

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