Jones v. 2 Bros. Services, LLC

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 11, 2024
• Docket: CAAP-23-0000610
• 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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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-2024 07:55 AM Dkt. 18 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

BRONSON JONES and CHASSIDIE JONES, Plaintiffs-Appellees, v. 2 BROS. SERVICES, LLC, dba IZZY TOWS IT; KAINOA JUSTIN AH SING; and ISRAEL ALVAREZ, Defendants-Appellants

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

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Leonard, Presiding Judge, Nakasone and McCullen, JJ.) Upon review of the record, self-represented Defendants- Appellants Kainoa Justin Ah Sing and Israel Alvarez appeal from the October 4, 2023 "Order Granting Plaintiffs' Motion for ** Summary Judgment Against Defendants Kainoa Ahsing [sic] and Israel Alvarez" (October 4, 2023 Order) entered in the Circuit Court of the First Circuit in 1CCV-XX-XXXXXXX. The court lacks appellate jurisdiction because the circuit court has not entered a final, appealable order or judgment, see Hawaii 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), and the October 4, 2023 Order is not independently appealable under the collateral-order or Forgay1 doctrines, nor has the circuit court 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)

1 Forgay v. Conrad, 47 U.S. 201 (1848). NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(setting forth the requirements for appealability under the collateral-order doctrine and the Forgay doctrine); HRS § 641- 1(b) (specifying requirements for leave to file interlocutory appeal). Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai i, January 11, 2024.

/s/ Katherine G. Leonard Presiding Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Sonja M.P. McCullen Associate Judge