MDG Supply, Inc. v. Diversified Inv., Inc., 51 Haw. 375, 463 P.2d 525 (1969), cert. denied, 400 U.S. 868, 91 S.Ct. 99, 27 L.Ed.2d 108 (1970)). One such exception is collateral order appeals. 15A C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3911 (2d ed. 1992). Where a collateral order is appealed, the trial court retains jurisdiction over the merits of the ease. Id. See also United States v. Bastanipour, 697 F.2d 170, 173 (7th Cir.1982) (finding that the trial court had jurisdiction over the merits of the case after the government appealed the order granting the defendant’s motion to compel cooperation of government personnel), cert. denied, 460 U.S. 1091, 103 S.Ct. 1790, 76 L.Ed.2d 358 (1983); United States v. Crozier, 674 F.2d 1293, 1296-97 (9th Cir. 1982) (<HOLDING>), cert. granted and judgment vacated on
holding the appellate court lacked jurisdiction to hear an appeal where the circuit court had the power to remand the agency decision for further proceedings holding that although the trial court had dismissed the cause with prejudice it retained jurisdiction to give effect to the settlement order holding that the appellate court had jurisdiction to hear the interlocutory appeal on a restraining order and the district court retained jurisdiction to proceed with the trial holding that where the issue of sanctions was not before the court of appeals when the appeal was filed the district court retained jurisdiction holding that the district court had jurisdiction to order restitution of award overturned on appeal even in the absence of a remand from the appellate court