Poe v. Hawai'i Labor Relations Board, State

Dissenting Opinion of

ACOBA, J.,

with whom RAMIL, J., Joins.

I respectfully disagree with the majority opinion,1 which establishes the vague and *420uncertain post-act test that, only where “the correction [to a judgment is] clerical in nature and ha[s] no adverse effect upon any rights or obligations[,]” majority opinion at 419, 49 P.3d at 385, is an amended judgment an appealable judgment or order pursuant to Hawaii Rules of Appellate Procedure (HRAP) Rule 4. In doing so, the majority opinion creates uncertainty for appellants as to whether an amendment sufficiently “materially alter[s] any rights…