Bailey v. Duvauchelle

This case arose from a dispute over a flag lot parcel of land in Puko’o, located on the Island of Moloka’i, County of Maui, State of Hawaii. At issue before the Supreme Court was whether an order deciding a motion that was purportedly filed pursuant to Haw. R. Civ. P. 60(b) is appealable where the underlying ruling from which the party sought Rule 60(b) relief was not appealable. The Intermediate Court of Appeals (ICA) dismissed the appeal for lack of appellate jurisdiction, concluding that the order regarding the Rule 60(b) motion was not appealable because the circuit court had not entered a valid final judgment on the underlying claims at issue. The Supreme Court affirmed, holding that relief under Rule 60(b) requires an underlying judgment that comports with the principles of finality set forth in Jenkins v. Cades Schutte Fleming & Wright, and therefore, the ICA did not err in including that it lacked appellate jurisdiction to review the order regarding the Rule 60(b) motion. View "Bailey v. Duvauchelle" on Justia Law