Opinion
CAAP-24-0000017
02-02-2024
MARK MALAGODI and JANET JOHNSTON, Plaintiffs/Counterclaim Defendants-Appellees, v. CAMERON E. NICE and MARTHA J. JACOBSEN, aka MARTHA J. JACOBSEN-NICE, Defendants/Counterclaimants-Appellants, and AMERICAN SAVINGS BANK, F.S.B., a Federal Savings Bank, Defendant-Appellee, and JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20; DOE CORPORATIONS 1-20; and DOE ENTITIES 1-20, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 5CCV-22-0000027)
Katherine G. Leonard Acting Chief Judge, Karen T. Nakasone Associate Judge and Sonja M.P. McCullen Associate Judge, JJ.
ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
Upon review of the record, it appears that self-represented Defendants/Counterclaimants-Appellants Cameron E. Nice and Martha J. Jacobsen, AKA Martha J. Jacobsen-Nice (Nice Parties) appeal from the Circuit Court of the Fifth Circuit's November 1, 2022 "Order Approving Plaintiffs' Motion for Summary Judgment Filed July 29, 2022" and February 7, 2023 "Order Granting Plaintiffs' Motion to Enforce Order Granting Plaintiffs' Motion for Summary Judgment Filed Herein on December 13, 2022." We conclude that the court lacks jurisdiction because the circuit court has not yet entered a final, appealable judgment. See Hawaii Revised Statutes § 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).
Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are dismissed.