Jones v. 2 Bros. Services, LLC ( 2024 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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