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16-15023 - Chad Barnes v. Sea Hawaii Rafting, LLC, et al


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16-15023 - Chad Barnes v. Sea Hawaii Rafting, LLC, et al
March 28, 2018
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FILED OPINION (RAYMOND C. FISHER, RICHARD A. PAEZ and JACQUELINE H. NGUYEN) The trustee’s motion to dismiss the appeal against the Tehani is denied. We reverse the district court’s order dismissing the Tehani for lack of jurisdiction. We issue a writ of mandamus directing the district court to award, Barnes maintenance at the rate of $34 per day, subject to a potential upward modification after trial. REVERSED in part and REMANDED; MANDAMUS GRANTED. Judge: JHN Authoring. FILED AND ENTERED JUDGMENT. [10815226]
April 19, 2018
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Filed order and amended opinion (RAYMOND C. FISHER, RICHARD A. PAEZ and JACQUELINE H. NGUYEN).The Opinion filed on March 28, 2018, is amended as follows: 1. On page 9, line 11, of the slip opinion, the word is replaced with and, at the end of the sentence, a footnote with the following text is added: The remaining footnotes are renumbered accordingly. 2. On page 40, line 8, of the slip opinion, the word is replaced with enclosed in regular brackets. No new petitions for rehearing or rehearing en banc will be accepted. [10842265]