Morneau v. Kaiser Foundation Hospitals

After judgment for plaintiffs pursuant to a jury verdict, defendants were granted a new trial, and plaintiffs appealed. This is a motion to dismiss the appeal on the ground it is interlocutory. There was no application for or allowance of the appeal by the court below.1

The question is whether H.R.C.P., Rule 73 (i), abolishing bills of exceptions (as well as writs of error) has *535brought to an end the Hawaiian practice under which a bill of exceptions could be taken from an order granting a new tidal without making of a request for an interlocutory bill of exceptions. See Chun Yin Kok v. Woo See…