COSTA v. STATE

No. 11382.

737 P.2d 871 (1987)

Byron W.K. COSTA and Dondi K. Ho Costa, Individually and as Next Friend of Barry Tai Costa, a minor, Plaintiffs-Appellees, v. STATE of Hawaii, Defendant-Appellant, and Ann Patricia Delate and Stephen Sico, Defendants-Appellees, and County of Kauai, Carson Wales, and John Does 1-10, Defendants.

Intermediate Court of Appeals of Hawaii.

April 24, 1987.


Attorney(s) appearing for the Case

Charles F. Fell, Deputy Atty. Gen., Honolulu, for State of Hawaii (defendant-appellant).

David C. Schutter (Schutter, Playdon & Glickstein, of counsel), Honolulu, for plaintiff-appellee Barry Tai Costa.

Grant K. Kidani (Kidani-Crudele, of counsel), Honolulu, for defendant-appellee Stephen Sico.

Jeffrey S. Portnoy (Cades Schutte Fleming & Wright, of counsel), Honolulu, for defendant-appellee Ann Patricia Delate.

James E. Duffy (Fujiyama, Duffy & Fujiyama, of counsel), Honolulu, for plaintiffs Byron W.K. Costa and Dondi K. Ho Costa.

Howard F. McPheeters and Gary L. Miller, Honolulu, for defendant Kauai County.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


BURNS, Chief Judge.

Defendant State of Hawaii (State) appeals the judgment upon the jury verdict in favor of plaintiff Barry Tai Costa (Tai) and the judgments upon directed verdicts in favor of cross-defendants Stephen Sico (Sico) and Patricia Delate (Delate). Sua sponte we conclude that we are without appellate jurisdiction. See TBS Pacific, Inc. v. Tamura, 5 Haw.App. 222, 686 P.2d 37 (1984).

However, instead...

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