(Download) "Mason v. Water Resources International" by Hawaii Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Mason v. Water Resources International
- Author : Hawaii Supreme Court
- Release Date : January 18, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
This case is before us on an appeal from an order denying reconsideration of a summary judgment in favor of the plaintiff and purporting to allow an interlocutory appeal. Neither the order granting the motion for summary judgment nor the order denying the motion for reconsideration contains an express determination that there is no just reason for delay nor an express direction for the entry of judgment, both of which are required to make such an order appealable under Rule 54(b), HRCP. Nor does the order denying reconsideration and granting an interlocutory appeal contain any statement that the court thinks that an interlocutory appeal will result in a more speedy termination of the litigation. Yet that is the test for the allowance of a discretionary interlocutory appeal laid down in HRS ร§ 641-1(b). This is a recurring problem. Cf. McCabe v. Berdon, 67 Haw. 178, 681 P.2d 571 (1984). And it is evident from the recurrence that there is confusion on the bench and at the bar with regard to these matters.