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SETALA v. J.C. PENNEY CO.

No. 22943.

40 P.3d 886 (2002)

97 Hawai`i 484

Vincent M. SETALA, Plaintiff-Appellant, v. J.C. PENNEY COMPANY, Sharlene Pacheco, Lamar Kauffman, Ryan Takahashi, Deanna Strikolis, Jubahl Hashimoto, and Gary Harms, Defendants-Appellees.

Supreme Court of Hawai`i.

February 8, 2002.

Attorney(s) appearing for the Case

Vincent Setala, on the briefs, plaintiff-appellant, pro se.

Lynn B.K. Costales (Gallagher & Associates), on the briefs, for defendants-appellees.

LEVINSON, RAMIL, and ACOBA, JJ.; with MOON, C.J., concurring separately, and with whom NAKAYAMA, J., joins.

Opinion of the Court by ACOBA, J.

We hold that a notice of appeal is deemed "filed" for purposes of Hawai`i Rules of Appellate Procedure (HRAP) Rule 4(a) on the day it is tendered to prison officials by a pro se prisoner. Accordingly, we remand this case to the first circuit court (the court)1 for an evidentiary hearing, consistent with this opinion, on the issue of whether Plaintiff-Appellant Vincent M. Setala (Plaintiff) tendered his...

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