Opinion
25533
March 27, 2003.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 01-1-0865)
MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ. and CIRCUIT JUDGE SIMMS, ASSIGNED BY REASON OF VACANCY
ORDER DISMISSING APPEAL
Upon review of the record, it appears the Honorable Richard W. Pollack's November 12, 2002 discovery order requiring the disclosure of, among other things, Defendants-Appellants James Hardie Building Products, Inc., and James Hardie Industries (USA), Inc.'s (the James Hardie Appellants), trade secrets in Civil No. 02-1-0865-03 (RWP), is neither an appealable final order under HRS § 641-1(a) (1993) nor a certified interlocutory order under HRS § 641-1(b) (1993). The November 12, 2002 discovery order does not qualify as an appealable order under the Forgay doctrine or the collateral order doctrine. See Ciesla v. Reddish, 78 Haw. 18, 20, 889 P.2d 702, 704 (1995) (regarding the Forgay doctrine); Abrams v. Cades, Schutte, Fleming Wright, 88 Haw. 319, 321-22, 966 P.2d 631, 633-34 (1998) (regarding the collateral order doctrine). Final judgment having not been entered, the November 12, 2002 discovery order is not appealable, and this appeal is premature. Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.