Katsura v. Kuroiwa

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-22-0000745 07-MAR-2023 09:11 AM Dkt. 25 ODSLJ NO. CAAP-22-0000745 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I MASAKATSU KATSURA, individually and as Trustee of the Masakatsu Katsura Revocable Trust dated August 23, 1994; MIEKO KATSURA, individually and as Trustee of the Mieko Katsura Revocable Trust dated August 23, 1994; and YMM LLC, a Hawaii LLC, Plaintiffs-Appellees, v. SCOTT KUROIWA, Defendant-Appellant, and JOHN AND JANE DOES, PARTNERSHIPS, CORPORATIONS AND ENTITIES 1-20, Defendants APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT L HU E DIVISION (CIVIL NO. 5RC-22-0000464) 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 Defendant-Appellant Scott Kuroiwa appeals from the District Court of the Fifth Circuit, L hu e Division's November 9, 2022 "Order Transferring the Rent Trust Fund Established in Civil No. 5RC-181-000106 on March 3, 2022 and the Balance on Deposit to Civil No. 5DRC-22-0000464 and Order Establishing Rent Trust Fund in 5DRC-22-0000464" (Transfer Order). We lack jurisdiction over the appeal, as the Transfer Order is not a final, appealable order, decree, or judgment. See Hawaii Revised Statutes (HRS) § 641-1(a) (2016); District Court Rules of Civil Procedure Rules 54(b), 58. Further, the Transfer Order is not independently appealable under the collateral-order doctrine or the Forgay doctrine. See Greer v. Baker, 137 Hawai i NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER 249, 253, 369 P.3d 832, 836 (2016) (setting forth the requirements for appealability under the collateral-order doctrine and the Forgay doctrine). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. IT IS HEREBY FURTHER ORDERED, that all pending motions are dismissed. DATED: Honolulu, Hawai i, March 7, 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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