Opinion
CAAP-23-0000283
05-12-2023
HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION, a Hawaii corporation, Plaintiff-Appellee, v. GORDON FREDRICK SCHICK, Defendant-Appellee, and MATHILDA NOILANI MASON, Defendant-Appellant, and JOHN DOES 1-10; JANE DOES 1-10; DOE ENTITIES 1-10, and DOE GOVERNMENTAL UNITS 1-10, Defendants.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CCV-22-0000298)
Ginoza, Chief Judge, Wadsworth and Chan, JJ.
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
Upon review of the record, it appears that selfrepresented Defendant-Appellant Mathilda Noilani Mason appeals from the Circuit Court of the Third Circuit's (circuit court) April 5, 2023 "Order Granting Entry of Default of Defendants Gordon Schick and Mathilda Noilani Mason Regarding Service by Publication of Summons" (Default Order), which entered default only as to Defendant Gordon Schick.
The court lacks jurisdiction over the appeal because the circuit court has not entered a final, appealable order or 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). Further, the Default Order is not independently appealable under the collateral-order doctrine, the Forgay 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).
Forgay v. Conrad, 47 U.S. 201 (1848).
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.