HRS 0386-0088 ANNOTATIONS

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."

Cross References

Appeals, see chapter 91.

Rules of Court

Appeal, see Hawaii Rules of Appellate Procedure.

Case Notes

Appeal is upon both law and facts and is trial of cause de novo. 24 H. 731; 40 H. 660. This section and §386-73 supersede §91-14 and remove the circuit court from the appellate process with regard to proceedings brought under chapter 386. 53 H. 640, 500 P.2d 746.

Constitutional. 27 H. 97.

Appeals to supreme court from appeals board are governed by Administrative Procedure Act which sets out the "clearly erroneous" standard of review. 57 H. 296, 555 P.2d 855.

Appeals are governed by chapter 91. 2 H. App. 219, 629 P.2d 125.

Cited: 56 H. 544, 545 P.2d 687; 56 H. 552, 545 P.2d 692.

 

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