Estate of Vivian T. Lord v. Kobata

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
20-AUG-2024
08:23 AM
Dkt. 88 ODSLJ

NO. CAAP-XX-XXXXXXX

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

ESTATE OF VIVIAN T. LORD, by her Personal Representative
WILLIAM H. GILLIAM, and WILLIAM H. GILLIAM, individually,
Plaintiffs-Appellants,
v.
LESLIE KOBATA, REGISTRAR, in his Official Capacity only;
PORTER McGUIRE KIAKONA & CHOW, LLP; PORTER McGUIRE KIAKONA, LLP;
FOREST B. JENKINS; CHANG NISHIOT SIA NAKAMURA GOYA;
JEFFREY H.K. SIA; DOROTHY P.H. MEISNER; SHANA MAGUIRE;
HAWAII FIRST, INC.; ASSOCIA, INC., dba ASSOCIA HAWAII;
ASSOCIATION OF APARTMENT OWNERS OF KUHIO SHORES AT POIPU,
Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CCV-XX-XXXXXXX)

ORDER OF DISMISSAL
(By: Leonard, Acting Chief Judge, Wadsworth and Guidry, JJ.)

Upon review of the record, it appears that self-
represented Plaintiffs-Appellants Vivian T. Lord, by Her Personal
Representative William H. Gilliam, and William H. Gilliam,
individually (together, Gilliam), appeal from the Circuit Court
of the First Circuit's (Circuit Court) November 13, 2023 Amended
Order Granting Defendants Porter McGuire Kiakona & Chow, LLP and
Porter McGuire Kiakona, LLP's Motion for Attorneys' Fees and
Costs Filed October 18, 2022 [Dkt No. 221] (Amended Order).
However, we lack jurisdiction over this appeal because
the Circuit Court has not entered a final, appealable order or
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

judgment. See Hawai#i 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). The Circuit Court did not grant Gilliam leave
to file an interlocutory appeal. HRS § 641-1(b) (2016). The
Amended Order also is not independently appealable under the
collateral-order doctrine or the Forgay1 doctrine. See Siangco
v. Kasadate, 77 Hawa#ii 157, 161, 883 P.2d 78, 82 (1994).
Therefore, IT IS HEREBY ORDERED that this appeal is
dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai#i, August 20, 2024.
/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1
Forgay v. Conrad, 47 U.S. 201 (1848).

2