Ketchmark v. Brown-Williamson Tobacco Corp.

• Court: Hawaii Intermediate Court of Appeals
• Decided: November 3, 2022
• Docket: CAAP-22-0000438
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 03-NOV-2022 09:55 AM Dkt. 20 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

TRUMAN LEE KETCHMARK, Plaintiff-Appellant, v. BROWN-WILLIAMSON TOBACCO CORP.; ALL OTHER TOBACCO COMPANIES RESPONSIBLE, ET AL. [sic]; WASHINGTON STATE DEPT. OF TRANSPORTATION; JIM SIVITS; MAKALA SIVITS; GOV. JAY INSLEE; LT. GOV. DENNY HECK; THE STATE OF WASHINGTON, ET AL. [sic]; MAKAHA SURFSIDE COMMUNITY ASSOCIATION (MSSCA) BOARD; HAWAII PROPERTY MANAGEMENT (HPM), ET AL. [sic]; and ALL OTHERS HURTING THE PLAINTIFF, NOT HELPING THE PLAINTIFF - BERNARD NEWBY; RICHARD PINKERTON; DALE WHITESIDES; DANICA DODD; JUDGE FONG; GARY GALIHER; T.C. KINART "TED"; LEONARD HELTZEL-"LONNIE"; DANIEL INOUYE AND HIS EMPLOYEES; DANIEL AKAKA AND ALL HIM [sic] EMPLOYEES; PATSY MINK AND ALL HER EMPLOYEES; NEIL ABERCROMBIE AND HIM [sic] EMPLOYEES; ANTHONY GUERRO AND HIS PARTNER; ATHERTON FOUNDATION; SAMUEL COOK FOUNDATION; WEYERHAUSER FOUNDATION; GOODYEAR FOUNDATION; BILL AND MELINDA GATES FOUNDATION; ALAN KAY; DAVID EZRA; and COLETTE MACHADO, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC181000180)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Leonard, Presiding Judge, Nakasone and Chan, JJ.) Upon review of the record, it appears that we lack jurisdiction over the appeal by self-represented Plaintiff- Appellant Truman Lee Ketchmark's appeal from the Circuit Court of the First Circuit's (Circuit Court) July 21, 2021 "Order of Dismissal [Rule 41(b)]" (Dismissal Order) because the Circuit Court has not reduced the Dismissal Order to an appealable final judgment. Hawaii Revised Statutes § 641-1(a) (2016); Hawai i Rules of Civil Procedure Rule 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(1994); Price v. Obayashi Hawaii Corp., 81 Hawai i 171, 176, 914 P.2d 1364, 1369 (1996) (applying the separate document rule to an order dismissing a complaint for want of prosecution). Therefore, IT IS HEREBY ORDERED that case number CAAP- XX-XXXXXXX is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai i, November 3, 2022.

/s/ Katherine G. Leonard Presiding Judge

/s/ Karen T. Nakasone Associate Judge

/s/ Derrick H.M. Chan Associate Judge