Katsura v. Kuroiwa

Hawaii Intermediate Court of Appeals

Katsura v. Kuroiwa

CourtHawaii Intermediate Court of Appeals

DecidedMarch 7, 2023

DocketCAAP-22-0000745

StatusPublished

This text of Katsura v. Kuroiwa (Katsura v. Kuroiwa) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Katsura v. Kuroiwa, (hawapp 2023).

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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-MAR-2023 09:11 AM Dkt. 25 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MASAKATSU KATSURA, individually and as Trustee of the Masakatsu Katsura Revocable Trust dated August 23, 1994; MIEKO KATSURA, individually and as Trustee of the Mieko Katsura Revocable Trust dated August 23, 1994; and YMM LLC, a Hawaii LLC, Plaintiffs-Appellees, v. SCOTT KUROIWA, Defendant-Appellant, and JOHN AND JANE DOES, PARTNERSHIPS, CORPORATIONS AND ENTITIES 1-20, Defendants

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT LĪHU E DIVISION (CIVIL NO. 5RC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that self- represented Defendant-Appellant Scott Kuroiwa appeals from the District Court of the Fifth Circuit, Līhu e Division's November 9, 2022 "Order Transferring the Rent Trust Fund Established in Civil No. 5RC-181-000106 on March 3, 2022 and the Balance on Deposit to Civil No. 5DRC-XX-XXXXXXX and Order Establishing Rent Trust Fund in 5DRC-XX-XXXXXXX" (Transfer Order). We lack jurisdiction over the appeal, as the Transfer Order is not a final, appealable order, decree, or judgment. See Hawaii Revised Statutes (HRS) § 641-1(a) (2016); District Court Rules of Civil Procedure Rules 54(b), 58. Further, the Transfer Order is not independently appealable under the collateral-order doctrine or the Forgay doctrine. See Greer v. Baker, 137 Hawai i NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

249, 253, 369 P.3d 832, 836 (2016) (setting forth the requirements for appealability under the collateral-order doctrine and the Forgay doctrine). 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. DATED: Honolulu, Hawai i, March 7, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-MAR-2023 09:11 AM Dkt. 25 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MASAKATSU KATSURA, individually and as Trustee of the Masakatsu Katsura Revocable Trust dated August 23, 1994; MIEKO KATSURA, individually and as Trustee of the Mieko Katsura Revocable Trust dated August 23, 1994; and YMM LLC, a Hawaii LLC, Plaintiffs-Appellees, v. SCOTT KUROIWA, Defendant-Appellant, and JOHN AND JANE DOES, PARTNERSHIPS, CORPORATIONS AND ENTITIES 1-20, Defendants

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT LĪHU E DIVISION (CIVIL NO. 5RC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that self- represented Defendant-Appellant Scott Kuroiwa appeals from the District Court of the Fifth Circuit, Līhu e Division's November 9, 2022 "Order Transferring the Rent Trust Fund Established in Civil No. 5RC-181-000106 on March 3, 2022 and the Balance on Deposit to Civil No. 5DRC-XX-XXXXXXX and Order Establishing Rent Trust Fund in 5DRC-XX-XXXXXXX" (Transfer Order). We lack jurisdiction over the appeal, as the Transfer Order is not a final, appealable order, decree, or judgment. See Hawaii Revised Statutes (HRS) § 641-1(a) (2016); District Court Rules of Civil Procedure Rules 54(b), 58. Further, the Transfer Order is not independently appealable under the collateral-order doctrine or the Forgay doctrine. See Greer v. Baker, 137 Hawai i NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

249, 253, 369 P.3d 832, 836 (2016) (setting forth the requirements for appealability under the collateral-order doctrine and the Forgay doctrine). 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. DATED: Honolulu, Hawai i, March 7, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Derrick H.M. Chan Associate Judge

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Katsura v. Kuroiwa, Counsel Stack Legal Research, https://law.counselstack.com/opinion/katsura-v-kuroiwa-hawapp-2023.

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