Hirano v. McClory

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
25-MAY-2023
08:13 AM
Dkt. 20 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

DOUGLAS HIRANO, Plaintiff-Appellant, v.
KATE McCLORY; SAND ISLAND TREATMENT CENTER; AT&T WIRELESS;
RANDY COOK; HOLIDAY INN HOTEL; WHITE SANDS HOTEL;
SAND VILLA HOTEL; COCONUT WAIKIKI HOTEL; OHANA MALIA HOTEL,
Defendants-Appellees, and
JOHN DOES 1-200; JANE ROES 1-100, Defendants-Appellees

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

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Nakasone and Chan, JJ.)
Upon review of the record, it appears that self-
represented Plaintiff-Appellant Douglas Hirano appeals from the
Circuit Court of the First Circuit's (circuit court) May 18, 2022
"Order Granting Defendant AT&T Mobility LLC's (erroneously
identified as AT&T Wireless) Motion for Summary Judgment as to
all Claims" (5/18/22 Order).
The court lacks jurisdiction over the appeal 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). Further, the 5/18/22 Order is not
independently appealable under the collateral-order doctrine, the
Forgay1 doctrine, or HRS § 641-1(b). See Greer v. Baker, 137

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Forgay v. Conrad, 47 U.S. 201 (1848).
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

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.
DATED: Honolulu, Hawai i, May 25, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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