§602-57 - Jurisdiction.

     §602-57  Jurisdiction.  [L 2004, c 202, §57 amendment repealed June 30, 2010.  L 2006, c 94, §1.]  Notwithstanding any other law to the contrary, the intermediate appellate court shall have jurisdiction, subject to transfer as provided in section 602-58 or review on application for a writ of certiorari as provided in section 602-59:

     (1)  To hear and determine appeals from any court or agency when appeals are allowed by law;

     (2)  To entertain, in its discretion, any case submitted without suit when there is a question of law that could be the subject of a civil action or proceeding in the circuit court, or tax appeal court, and the parties agree upon the facts upon which the controversy depends; and

     (3)  To make or issue any order or writ necessary or appropriate in the aid of its jurisdiction, and in such case, any judge may issue a writ or an order to show cause returnable before the court. [L 1979, c 111, pt of §3; am L 2004, c 202, §57; am L 2006, c 145, §1]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as of the effective date of this Act [July 1, 2006] may be transferred to the intermediate appellate court or retained at the supreme court as the chief justice, in the chief justice's sole discretion, directs."

 

Law Journals and Reviews

 

  The Lum Court, Land Use, and the Environment:  A Survey of Hawai‘i Case Law 1983 to 1991.  14 UH L. Rev. 119.

 

Case Notes

 

  Section 174C-60 is inconsistent with and cannot stand together with §602-5 and this section, as amended by Act 202, L 2004, and was deemed amended by implication, effective July 1, 2006, to authorize appeals from the water commission to the intermediate appellate court, not to the supreme court.  113 H. 52, 147 P.3d 836.

  Court will not decide moot question.  1 H. App. 441, 620 P.2d 765.