Malagodi v. Nice

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed

Intermediate Court of Appeals CAAP-XX-XXXXXXX

02-FEB-2024

07:58 AM

Dkt. 10 ODSLJ

NO. CAAP-XX-XXXXXXX

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

MARK MALAGODI and JANET JOHNSTON, Plaintiffs/Counterclaim Defendants-Appellees, v.

CAMERON E. NICE and MARTHA J. JACOBSEN, aka MARTHA J. JACOBSEN-NICE, Defendants/Counterclaimants-Appellants, and AMERICAN SAVINGS BANK, F.S.B., a Federal Savings Bank, Defendant-Appellee, and JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20;

DOE CORPORATIONS 1-20; and DOE ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 5CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION (By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)

Upon review of the record, it appears that self-

represented Defendants/Counterclaimants-Appellants Cameron E. Nice and Martha J. Jacobsen, AKA Martha J. Jacobsen-Nice (Nice Parties) appeal from the Circuit Court of the Fifth Circuit's November 1, 2022 "Order Approving Plaintiffs' Motion for Summary Judgment Filed July 29, 2022" and February 7, 2023 "Order Granting Plaintiffs' Motion to Enforce Order Granting Plaintiffs' Motion for Summary Judgment Filed Herein on December 13, 2022." We conclude that the court lacks jurisdiction because the circuit court has not yet entered a final, appealable judgment. See Hawaii Revised Statutes § 641-1(a) (2016); Hawai i Rules of Civil

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Procedure Rules 54(b), 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338 (1994).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai i, February 2, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Karen T. Nakasone

Associate Judge

/s/ Sonja M.P. McCullen

Associate Judge