Hirano v. McClory

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-22-0000436 25-MAY-2023 08:13 AM Dkt. 20 ODSLJ NO. CAAP-22-0000436 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I DOUGLAS HIRANO, Plaintiff-Appellant, v. KATE McCLORY; SAND ISLAND TREATMENT CENTER; AT&T WIRELESS; RANDY COOK; HOLIDAY INN HOTEL; WHITE SANDS HOTEL; SAND VILLA HOTEL; COCONUT WAIKIKI HOTEL; OHANA MALIA HOTEL, Defendants-Appellees, and JOHN DOES 1-200; JANE ROES 1-100, Defendants-Appellees APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-21-0001124) ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that selfrepresented Plaintiff-Appellant Douglas Hirano appeals from the Circuit Court of the First Circuit's (circuit court) May 18, 2022 "Order Granting Defendant AT&T Mobility LLC's (erroneously identified as AT&T Wireless) Motion for Summary Judgment as to all Claims" (5/18/22 Order). The court lacks jurisdiction over the appeal because the circuit court has not entered a final, appealable order or judgment. See Hawaii Revised Statutes (HRS) § 641-1(a) (2016); Hawai i Rules of Civil Procedure Rules 54(b), 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338 (1994). Further, the 5/18/22 Order is not independently appealable under the collateral-order doctrine, the Forgay1 doctrine, or HRS § 641-1(b). 1 Forgay v. Conrad, 47 U.S. 201 (1848). See Greer v. Baker, 137 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Hawai i 249, 253, 369 P.3d 832, 836 (2016) (setting forth the requirements for appealability under the collateral-order doctrine and the Forgay doctrine); HRS § 641-1(b) (specifying requirements for leave to file interlocutory appeal). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai i, May 25, 2023. /s/ Lisa M. Ginoza Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Derrick H.M. Chan Associate Judge 2

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