§602-57 Jurisdiction.

497 words·~2 min read·/hi/chapter-602/602-57

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§602-57 Jurisdiction. Notwithstanding any other law to the contrary, the intermediate appellate court shall have jurisdiction, subject to transfer as provided in section 602-58 or review on application for a writ of certiorari as provided in section 602-59:

(1)To hear and determine appeals from any court or agency when appeals are allowed by law;

(2)To entertain, in its discretion, any case submitted without suit when there is a question of law that could be the subject of a civil action or proceeding in the circuit court, or tax appeal court, and the parties agree upon the facts upon which the controversy depends; and

(3)To make or issue any order or writ necessary or appropriate in the aid of its jurisdiction, and in such case, any judge may issue a writ or an order to show cause returnable before the court. [L 1979, c 111, pt of §3; am L 2004, c 202, §57; am L 2006, c 94, §1 and c 145, §1; am L 2010, c 109, §1]

Law Journals and Reviews

The Lum Court, Land Use, and the Environment: A Survey of Hawai`i Case Law 1983 to 1991. 14 UH L. Rev. 119 (1992).

The Development of Hawai`i's Appellate Courts: An Organizational Perspective. 33 UH L. Rev. 875 (2011).

Case Notes

Section 174C-60 is inconsistent with and cannot stand together with §602-5 and this section, as amended by Act 202, L 2004, and was deemed amended by implication, effective July 1, 2006, to authorize appeals from the water commission to the intermediate appellate court, not to the supreme court. 113 H. 52, 147 P.3d 836 (2006).

Where bankruptcy court remanded the entirety of the adversary proceeding to the circuit court, and petitioner timely appealed to the appellate court the bankruptcy court's good faith determination which had not been modified or set aside by the circuit court and thus remained in effect, since this section gives the appellate court jurisdiction over appeals from the circuit court that are "allowed by law", and §663-15.5(e) authorized an appeal from the good faith determination, the appellate court had jurisdiction over the appeal. 125 H. 186, 256 P.3d 694 (2011).

Where defendant filed notice of appeal pursuant to §641-1(a), the intermediate court of appeals erred in failing to exercise its authority under paragraph

(3)to order the circuit court to enter an appealable final judgment. 140 H. 197, 398 P.3d 786 (2017).

The intermediate court of appeals did not err in issuing a partial dismissal order instead of wholly denying defendant's motion to dismiss and addressing any partial dismissal in its summary disposition order (SDO), because:

(1)it has the power under §602-57(3) "[t]o make or issue any order . . . necessary or appropriate in the aid of its jurisdiction . . ."; and

(2)it referred to its partial dismissal in its subsequent SDO. 140 H. 226, 398 P.3d 815 (2016).

Court will not decide moot question. 1 H. App. 491, 620 P.2d 765 (1980).