Bailey v. Duvauchelle, 135 Haw. 482

Summary

The Hawai‘i Supreme Court held that an order denying a motion under Hawai‘i Rules of Civil Procedure Rule 60(b) is not appealable when the underlying ruling from which relief was sought was not an appealable final judgment. The court applied Hawai‘i’s bright-line requirements for final judgments involving multiple claims or parties and affirmed dismissal of the appeal for lack of appellate jurisdiction.

Holdings

1. An order deciding a motion purportedly filed under HRCP Rule 60(b) is interlocutory and not appealable when the underlying ruling from which relief is sought is not an appealable final judgment.
2. Until an appealable final judgment is entered, the timing requirements that would otherwise apply to a Rule 60(b) motion do not commence.

Questions Presented

1. Whether an order deciding a motion purportedly filed under Hawai‘i Rules of Civil Procedure Rule 60(b) is appealable when the underlying ruling from which relief is sought was not an appealable final judgment.
2. Whether Rule 60(b) relief and the associated timing requirements apply before entry of an underlying judgment that satisfies the finality requirements of Jenkins and Hawai‘i Rules of Civil Procedure Rules 54 and 58.

Disposition

affirmed