Hawaiian Ranchos Road Maintenance Corporation v. Lopez

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
19-JUN-2023
07:57 AM
Dkt. 72 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION,
a Hawaii corporation, Plaintiff-Appellee, v.
MANUEL LOPEZ; MARIA LOPEZ;
STEPHANA PROKSCHL, fka STEPHANIE HADLEY;
COUNTY OF HAWAII, DEPARTMENT OF FINANCE, Defendants-Appellees,
and WILLIAM GILROY, Defendant-Appellant, and
JOHN DOES 1-10; JANE DOES 1-10; DOE ENTITIES 1-10; and
DOE GOVERNMENTAL UNITS 1-10, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CCV-XX-XXXXXXX)
ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge, Wadsworth and Guidry, JJ.)
Upon review of the record, it appears that self-
represented Defendant-Appellant William Gilroy appeals from the
Circuit Court of the Third Circuit's (circuit court) January 20,
2023 "Order Granting Entry of Default of Defendants Manuel Lopez,
Maria Lopez and Stephana Prokschl, formerly known as Stephanie
Hadley[,] Regarding Service by Publication of Summons" (Default
Order).
The court lacks jurisdiction over the appeal because
the Default Order is not 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). Further, the Default Order is not independently
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
appealable under the collateral-order doctrine, the Forgay 1
doctrine, or HRS § 641-1(b). See Greer v. Baker, 137 Hawai i
249, 253, 369 P.3d 832, 836 (2016) (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.
IT IS FURTHER ORDERED that any and all pending motions
are dismissed.
DATED: Honolulu, Hawai i, June 19, 2023.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
1
Forgay v. Conrad, 47 U.S. 201 (1848).
2