Haw. Rev. Stat. § 602-57

Current through Act 23 of the 2024 Legislative Session

Section 602-57 - Jurisdiction

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.

HRS § 602-57

L 1979, c 111, pt of §3; am L 2004, c 202, §57; am L 2006, c 94, §1 and c 145, §1; am L 2010, c 109, §1 .

Law Journals and Reviews

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

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 Haw. 52,147 P.3d 836. Court will not decide moot question. 1 H. App. 441, 620 P.2d 765.