Adler v. Discovery Harbour Community Association

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 09-FEB-2022 07:56 AM Dkt. 103 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STEPHEN I. ADLER, Plaintiff-Appellant, v.

DISCOVERY HARBOUR COMMUNITY ASSOCIATION, Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.)

Upon review of the record, it appears that we lack appellate jurisdiction over self-represented Plaintiff-Appellant Stephen I. Adler's (Adler) appeal from the Circuit Court of the Third Circuit's (circuit court) October 11, 2021 Order Granting Defendant[-Appellee] Discovery Harbour Community Association's Motion to Strike [Adler]'s Court Filings Dkt. Nos. 13, 15, 19, 21, 23, 25, 27, 31, 33, 35, 39, and 41, Filed June 23, 2021 (Order) because the circuit court has not entered a final, appealable judgment, and the Order is not independently appealable. See Hawaii Revised Statutes § 641-1 (2016); Hawai#i Rules of Civil Procedure Rules 58 & 54(b); Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994); Ciesla v. Reddish, 78 Hawai#i 18, 20, 889 P.2d 702, 704 (1995).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai#i, February 9, 2022.

/s/ Lisa M. Ginoza Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Sonja M.P. McCullen Associate Judge