Legal Opinion

In Re the Trust Created by Declaration of Trust of Dean

Hawaii Supreme Court

Decided December 3, 1963No. 4252PublishedCited by 12 opinions

1Opinion of the Court

OPINION OF THE COURT BY

LEWIS, J.

We are confronted with a jurisdictional question. 'Notice of appeal was prematurely filed on May 16, 1961. Though judgment was entered on May 3, 1961, a timely ■“Motion to Amend and Supplement Findings of Fact and Conclusions of Law and Motion for New Trial” was filed on May 8,1961. This tolled the time for appeal until entry on May 20,1961 of the order partially granting the motion to amend and denying a new trial. Madden v. Madden, 43 Haw. 148; H.R.C.P., Rule 73(a). The court’s oral. ruling on May 12, 1961 did not start the appeal period *305running anew because…

2Cases cited9 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Healy v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1950
  3. United States v. Hyman StrombergCourt of Appeals for the Fifth Circuit · 1955
  4. Federal Deposit Ins. Corp. v. Congregation Poiley TzedeckCourt of Appeals for the Second Circuit · 1946
  5. B. B. Carter v. Ellis Campbell, Jr., District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1960

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Hatsumi Yoshizaki v. Hilo HospitalHawaii Supreme Court · 1967
  2. Island Holidays, Inc. v. FitzgeraldHawaii Supreme Court · 1978
  3. Dowsett v. CashmanHawaii Intermediate Court of Appeals · 1981
  4. Naki v. Hawaiian Elec. Co., Ltd.Hawaii Supreme Court · 1967
  5. Jordan v. HamadaHawaii Supreme Court · 1980

7 more not listed; retrieve them via the Exa API.

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