Maui Muscle Sports Club Kahana, LLC and Dale Smith v. Association of Apartment Owners of Valley Isle Resort

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
05-MAY-2025
08:02 AM
Dkt. 75 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

MAUI MUSCLE SPORTS CLUB KAHANA, LLC AND DALE SMITH,
Plaintiffs-Appellees, v.
ASSOCIATION OF APARTMENT OWNERS OF VALLEY ISLE RESORT,
Defendant-Appellant; and
JOHN DOES 1-10; JANE DOES 1-10; AND DOE ENTITIES 1-10,
Defendants.

ASSOCIATION OF APARTMENT OWNERS OF VALLEY ISLE RESORT,
Third-Party Plaintiff-Appellant, v.
FIRST INSURANCE COMPANY OF HAWAII, LTD., and
INSURANCE ASSOCIATES, INC., Third-Party Defendants-Appellees,
and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10;
and DOE CORPORATIONS 1-10, Defendants.

FIRST INSURANCE COMPANY OF HAWAII, LTD.,
Counterclaimant-Appellee, v.
ASSOCIATION OF APARTMENT OWNERS OF VALLEY ISLE RESORT,
Counterclaim Defendant-Appellant.
FIRST INSURANCE COMPANY OF HAWAII, LTD.,
Counterclaimant-Appellee, v.
MAUI MUSCLE SPORTS CLUB KAHANA, LLC,
Counterclaim Defendant-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CC181000160)

ORDER GRANTING MOTION TO DISMISS APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon consideration of Third-Party Defendant/Third-Party
Counterclaimant/Crossclaimant-Appellee First Insurance Company of
Hawaii, Ltd.'s (First Insurance) March 13, 2025 Motion to Dismiss
Appeal for Lack of Jurisdiction, the papers in support and in
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

opposition, and the record, it appears that First Insurance seeks
dismissal of the appeal for lack of jurisdiction because the
December 13, 2024 "Judgment" (Purported Judgment) from which
Defendant/Third-Party Plaintiff/Counterclaim Defendant-Appellant
Association of Apartment Owners of Valley Isle Resort appeals is
not a final, appealable judgment.
We conclude that the Purported Judgment is not a final,
appealable order or judgment under Hawai#i Revised Statutes (HRS)
§ 641-1(a) (2016), Hawai#i Rules of Civil Procedure (HRCP)
Rules 58 and/or 54(b), and Jenkins v. Cades Schutte Fleming &
Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994), as it
does not enter final judgment as to all claims and parties, nor
does it "contain[] the language necessary for certification under
HRCP [Rule] 54(b)," Jenkins, 76 Hawai#i at 119, 869 P.2d at 1338.
The Purported Judgment is not independently appealable under the
collateral order doctrine or the Forgay1 doctrine, and the
Circuit Court has not 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) (setting forth the requirements for
appealability under the collateral order and Forgay doctrines);
HRS § 641-1(b) (specifying requirements for leave to file
interlocutory appeal).
Therefore, IT IS HEREBY ORDERED that the motion is
granted, and the appeal is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, May 5, 2025.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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