Robinson Family Partners v. Manini

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*** NOT FOR PUBLICATION *** NO. 26333 IN THE SUPREME COURT OF THE STATE OF HAWAI#I ROBINSON FAMILY PARTNERS, a Hawaii general partnership, Plaintiff-Appellee vs. JOSEPH PUNILEI MANINI, SR.; DOES 1-100, Defendant-Appellant APPEAL FROM THE FIFTH CIRCUIT COURT (CIV. NO. 03-1-0150) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that we do not have jurisdiction over Defendant-Appellant Joseph Punilei Manini, Sr. s (Appellant Manini), appeal from the Honorable George M. Masuoka s December 17, 2003 Order Granting Preliminary Injunction in Civil No. 03-1-0150. The December 17, 2003 order is neither an appealable final order under HRS § 641-1(a) 1993) nor a certified interlocutory order under HRS § 641-1(b) (1993). Furthermore, the December 17, 2003 order does not qualify as an appealable final order under the Forgay doctrine or the collateral order doctrine. See Ciesla v. Reddish, 78 Hawai#i 18, 20, 889 P.2d 702, 704 (1995) (regarding the Forgay doctrine); Abrams v. Cades, Schutte, Fleming & Wright, 88 Hawai#i 319, 32122, 966 P.2d 631, 633-34 (1998) (regarding the collateral order doctrine). Therefore, this appeal is premature and we lack *** NOT FOR PUBLICATION *** appellate jurisdiction. Accordingly, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, April 7, 2004. 2

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