CJPJ Holdings LLC v. U.S. Pacific Capital Co., Ltd.

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 11, 2023
• Docket: CAAP-22-0000425
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 11-JAN-2023 08:01 AM Dkt. 84 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

CJPJ HOLDINGS LLC, Plaintiff-Appellee, v. U.S. PACIFIC CAPITAL CO., LTD.; DIAMOND HAT HONEY LLC, Defendants-Appellees, and SHICHININ LLC, Defendant/Cross-Claimant-Appellant, and SPRINT CORPORATION, Defendant/Cross-Claim Defendant-Appellee, and JOHN & JANE DOES 1-10; DOE CORPORATIONS AND ENTITIES 1-10, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC141002485)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon consideration of the Circuit Court of the First

Circuit's (Circuit Court) December 15, 2022 "Order Explaining Why

it Is not Possible or Appropriate for this Court to Enter a Final

Appealable Order or Judgment," and the record, it appears we lack

appellate jurisdiction over Defendant/Cross-Claim Plaintiff-

Appellant Shichinin LLC's (Shichinin) appeal from the Circuit

Court's April 1, 2022 "Order Denying [Shichinin's] Motion to

Vacate Arbitration Award and Ex Parte Motions for Issuance of

Commission to Take Out-of-state Depositions Without Prejudice"

and June 30, 2022 "Order Denying Shichinin, LLC's Motion to

Confirm Arbitration Award, Filed April 4, 2022 Without Prejudice"

entered in Civil No. 1CC141002485, because the Circuit Court has NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

not entered a final, appealable order or judgment under Hawaii

Revised Statutes § 658A-28(a) (2016), and the Circuit Court has

indicated it is not possible or appropriate for the Circuit Court

to do so at this time.

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 as moot.

DATED: Honolulu, Hawai i, January 11, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Derrick H.M. Chan Associate Judge