Bank of America, N.A. v. Panzo

Summary

The Supreme Court of Hawaiʻi accepted Michael Jean Panzo’s application for a writ of certiorari and vacated the Intermediate Court of Appeals’ dismissal of his appeal for lack of jurisdiction. The court held that the prematurely filed notice of appeal became effective when the circuit court entered its written order denying Panzo’s HRCP Rule 60(b) motion, and remanded the appeal to the ICA for briefing and disposition.

Holdings

1. A prematurely filed notice of appeal becomes effective upon entry of the written final and appealable order, thereby vesting the ICA with jurisdiction when that order is entered before transmission of the appellate record.

Questions Presented

1. Whether a prematurely filed notice of appeal becomes effective and vests the ICA with jurisdiction when the circuit court subsequently enters the written final order from which the appeal is taken.
2. Whether the ICA erred by dismissing Panzo's appeal for lack of jurisdiction.

Disposition

vacated