MATTER OF DEATH OF ELWELL

No. 8853.

670 P.2d 822 (1983)

In the Matter of the Judicial Determination of DEATH OF John L. ELWELL, Jr.

Supreme Court of Hawaii.

Reconsideration Denied November 8, 1983.


Attorney(s) appearing for the Case

Gerald C. Yoshida, Deputy Atty. Gen., Honolulu, for appellant.

Gregory P. Conlan, Honolulu (Andrew V. Beaman, Honolulu, on the brief), Chun, Kerr & Dodd, Honolulu, of counsel, for appellee.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.


PER CURIAM.

This appeal raises the issue of whether, under Rule 63 of the Hawaii Rules of Civil Procedure (HRCP), a successor judge may sign and file findings of fact and conclusions of law where there was no final decision rendered by a predecessor judge. We rule that he may not, and remand this case for hearings consistent with this opinion.

On September 1, 1974, John L. Elwell disappeared from Hawaii State Hospital. On September 1, 1976, his wife Sharon...

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