CJPJ Holdings LLC v. U.S. Pacific Capital Co., Ltd. ( 2023 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
11-JAN-2023
08:01 AM
Dkt. 84 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
CJPJ HOLDINGS LLC, Plaintiff-Appellee, v.
U.S. PACIFIC CAPITAL CO., LTD.; DIAMOND HAT HONEY LLC,
Defendants-Appellees, and SHICHININ LLC,
Defendant/Cross-Claimant-Appellant, and
SPRINT CORPORATION, Defendant/Cross-Claim Defendant-Appellee, and
JOHN & JANE DOES 1-10; DOE CORPORATIONS AND ENTITIES 1-10,
Defendants-Appellees
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC141002485)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon consideration of the Circuit Court of the First
Circuit's (Circuit Court) December 15, 2022 "Order Explaining Why
it Is not Possible or Appropriate for this Court to Enter a Final
Appealable Order or Judgment," and the record, it appears we lack
appellate jurisdiction over Defendant/Cross-Claim Plaintiff-
Appellant Shichinin LLC's (Shichinin) appeal from the Circuit
Court's April 1, 2022 "Order Denying [Shichinin's] Motion to
Vacate Arbitration Award and Ex Parte Motions for Issuance of
Commission to Take Out-of-state Depositions Without Prejudice"
and June 30, 2022 "Order Denying Shichinin, LLC's Motion to
Confirm Arbitration Award, Filed April 4, 2022 Without Prejudice"
entered in Civil No. 1CC141002485, because the Circuit Court has
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
not entered a final, appealable order or judgment under Hawaii
Revised Statutes § 658A-28(a) (2016), and the Circuit Court has
indicated it is not possible or appropriate for the Circuit Court
to do so at this time.
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 as moot.
DATED: Honolulu, Hawai i, January 11, 2023.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
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