Estate of Vivian T. Lord v. Kobata

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 20, 2024
• Docket: CAAP-23-0000725
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 20-AUG-2024 08:23 AM Dkt. 88 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

ESTATE OF VIVIAN T. LORD, by her Personal Representative WILLIAM H. GILLIAM, and WILLIAM H. GILLIAM, individually, Plaintiffs-Appellants, v. LESLIE KOBATA, REGISTRAR, in his Official Capacity only; PORTER McGUIRE KIAKONA & CHOW, LLP; PORTER McGUIRE KIAKONA, LLP; FOREST B. JENKINS; CHANG NISHIOT SIA NAKAMURA GOYA; JEFFREY H.K. SIA; DOROTHY P.H. MEISNER; SHANA MAGUIRE; HAWAII FIRST, INC.; ASSOCIA, INC., dba ASSOCIA HAWAII; ASSOCIATION OF APARTMENT OWNERS OF KUHIO SHORES AT POIPU, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX)

ORDER OF DISMISSAL (By: Leonard, Acting Chief Judge, Wadsworth and Guidry, JJ.)

Upon review of the record, it appears that self- represented Plaintiffs-Appellants Vivian T. Lord, by Her Personal Representative William H. Gilliam, and William H. Gilliam, individually (together, Gilliam), appeal from the Circuit Court of the First Circuit's (Circuit Court) November 13, 2023 Amended Order Granting Defendants Porter McGuire Kiakona & Chow, LLP and Porter McGuire Kiakona, LLP's Motion for Attorneys' Fees and Costs Filed October 18, 2022 [Dkt No. 221] (Amended Order). However, we lack jurisdiction over this appeal because the Circuit Court has not entered a final, appealable order or NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

judgment. See Hawai#i 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). The Circuit Court did not grant Gilliam leave to file an interlocutory appeal. HRS § 641-1(b) (2016). The Amended Order also is not independently appealable under the collateral-order doctrine or the Forgay1 doctrine. See Siangco v. Kasadate, 77 Hawa#ii 157, 161, 883 P.2d 78, 82 (1994). Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, August 20, 2024. /s/ Katherine G. Leonard Acting Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Kimberly T. Guidry Associate Judge

1 Forgay v. Conrad, 47 U.S. 201 (1848).