Gomes v. Hawaiian Electric Co., Inc., 010719 HIICA, CAAP-18-0000046

Docket Nº:CAAP-18-0000046
Party Name:CRAIG A. GOMES, Claimant-Appellant/Appellant, v. HAWAIIAN ELECTRIC CO., INC., Employer-Appellee/Appellee, and ADMINISTRATOR, DISABILITY COMPENSATION DIVISION, and DIRECTOR, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD, Appellees-Appellees.
Judge Panel:Ginoza, Chief Judge, Fujise and Leonard, JJ.
Case Date:January 07, 2019
 
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CRAIG A. GOMES, Claimant-Appellant/Appellant,

v.

HAWAIIAN ELECTRIC CO., INC., Employer-Appellee/Appellee,

and

ADMINISTRATOR, DISABILITY COMPENSATION DIVISION, and DIRECTOR, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD, Appellees-Appellees.

No. CAAP-18-0000046

Intermediate Court of Appeals of Hawaii

January 7, 2019

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 17-1-1327)

Ginoza, Chief Judge, Fujise and Leonard, JJ.

ORDER DENYING DECEMBER 17, 2018 HRAP RULE 40 MOTION FOR RECONSIDERATION OF DECEMBER 6, 2018 ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION AND DENYING DECEMBER 24, 2018 AMENDED HRAP RULE 40 MOTION FOR RECONSIDERATION OF DECEMBER 6, 2018 ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

Upon review of (1) this court's June 27, 2018 order temporarily remanding this case to the circuit court for the proposed entry of a final judgment in Civil No. 17-1-1327-08, (2) the circuit court's June 28, 2018 order explaining that the entry of a final judgment would not be appropriate in Civil No. 17-1-1327-08, because a cause of action by Claimant/Appellant/ Appellant Craig A. Gomes (Gomes), pro se, for declaratory relief under HRS § 91-7 (2012 & Supp. 2017) is still unresolved and pending before the circuit court, (3) this court's December 6, 2018 order dismissing appeal for lack of appellate jurisdiction, (4) Gomes's December 17, 2018 motion to stay the December 6, 2018 dismissal order so that Gomes may file an amended notice of appeal from just one of the two December 26, 2017 circuit court interlocutory orders that are the subject of this appeal, (5) Gomes's December 24, 2018 amended motion to stay the December 6, 2018 dismissal order and (6) the record, it appears that Gomes's December 17, 2018 motion and December 24, 2018 amended motion to stay the December 6, 2018 dismissal order are both, in effect, motions for reconsideration of the December 6, 2018 dismissal order pursuant...

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