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

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
10-FEB-2023
08:35 AM
Dkt. 16 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 review of the record, it appears that
Defendant/Cross-Claimant-Appellant Shichinin LLC (Shichinin)
appeals from the following orders entered by the Circuit Court of
the First Circuit (Circuit Court)in Civil No. 1CC141002485: (1)
the 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"; (2)the
June 30, 2022 "Order Denying Shichinin, LLC's Motion to Confirm
Arbitration Award, Filed April 4, 2022 Without Prejudice"; and
(3) the December 15, 2022 "Order Explaining Why it is Not
Possible or Appropriate for this Court to Enter a Final
Appealable Order or Judgment." We conclude that the court lacks
appellate jurisdiction because, among other reasons, the Circuit
Court has not entered a final, appealable judgment or order under
Hawaii Revised Statutes § 658A-28(a) (2016).
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, February 10, 2023.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
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