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MORNEAU v. KAISER FOUNDATION HOSPITALS

No. 4482.

404 P.2d 899 (1965)

Ada MORNEAU and Lionel A. Morneau v. KAISER FOUNDATION HOSPITALS and Kaiser Foundation Health Plan, Inc., both California corporations, and Gloria Badua and Marciano Acquino.

Supreme Court of Hawaii.

August 23, 1965.

Attorney(s) appearing for the Case

Alexander C. Marrack, Honolulu (Thomas M. Waddoups, Honolulu, with him on the motion, Robertson, Castle & Anthony, Honolulu, of counsel), for defendants-appellees, in support of motion.

Ralph E. Corey, Honolulu (Clark & Corey, Honolulu, of counsel), for plaintiffs-appellants, in opposition.

Before TSUKIYAMA, C. J., and CASSIDY, WIRTZ, LEWIS and MIZUHA, JJ.

PER CURIAM.

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 unterlocutory. 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 brought to an end the Hawaiian practice...

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