Harte v. Smith

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 25, 2025
• Docket: CAAP-24-0000811
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 25-AUG-2025 08:45 AM Dkt. 60 OGMD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

GLENN W. HARTE, DEVON W. HARTE, and GOLD KEY PROPERTIES, LLC, Plaintiffs-Appellants, v. BRETT RUSSELL SMITH, KARA ANN BYRNE, JOHN JOSEPH GOODHUE, and BRETT SMITH ENTERPRISES, LLC, Defendants/Cross-claimants/Cross- claim Defendants-Appellees, and COLDWELL BANKER ISLAND PROPERTIES,MELISSA MONTGOMERY, Defendants/Cross-claimclaimants/Cross-claim Defendants-Appellees, and JOHN DOES 1-10, JANE DOES 1-10, DOE ENTITIES 1-10, DOE CORPORATIONS 1-10, DOE GOVERNMENTAL ENTITIES 1-10, and DOE PARTNERSHIPS 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CCV-XX-XXXXXXX)

ORDER GRANTING MOTIONS TO DISMISS APPEAL (By: Nakasone, Chief Judge, Leonard and Guidry, JJ.) Upon consideration of: (1) Defendants/Cross-claimants/ Cross-claim Defendants-Appellees Brett Russell Smith, John Joseph Goodhue, and Brett Smith Enterprises, LLC's May 12, 2025 Motion to Dismiss; (2) Defendants/Cross-claimants/Cross-claim Defendants–Appellees CBIP, Inc. incorrectly named as Coldwell Banker Island Properties and Melissa Montgomery's May 22, 2025 Motion to Dismiss for Lack of Appellate Jurisdiction; (3) the respective papers in support and in opposition; and (4) the record, it appears that the respective movants seek dismissal of the appeal for lack of jurisdiction because the November 13, 2024 Order Granting Defendant Kara Ann Byrne's Motion for Summary NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Judgment as to All Claims, Filed September 13, 2024 [DKT. 169] (November 13, 2024 Order) appealed-from is not an appealable order. We conclude that the November 13, 2024 Order is not a final, appealable order or judgment under Hawai i Revised Statutes (HRS) § 641-1(a) (2016), Hawai i Rules of Civil Procedure Rules 58 and/or 54(b), and Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338 (1994). The November 13, 2024 Order is not independently appealable under the collateral order doctrine or the Forgay 1 doctrine, and the Circuit Court has not granted leave for interlocutory appeal under HRS § 641-1(b). See Greer v. Baker, 137 Hawai i 249, 253, 369 P.3d 832, 836 (2016) (setting forth the requirements for appealability under the collateral order and Forgay doctrines); HRS § 641-1(b) (specifying requirements for leave to file interlocutory appeal). Therefore, IT IS HEREBY ORDERED that the motions are granted, and the appeal is dismissed for lack of jurisdiction. 2 IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, August 25, 2025. /s/ Karen T. Nakasone Chief Judge

/s/ Katherine G. Leonard Associate Judge

/s/ Kimberly T. Guidry Associate Judge

1 Forgay v. Conrad, 47 U.S. 201 (1848). 2 We note that a timely appeal was filed from the April 10, 2025 Final Judgment in 2CCV-XX-XXXXXXX, creating CAAP-25- 0000395. That appeal brings up for review the November 13, 2024 Order. The dismissal herein is without prejudice to the parties' arguments in that appeal.