Opinion
24631
January 30, 2002.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 96-3580)
MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.
ORDER DISMISSING APPEAL
Upon review of the record, it appears that the circuit court's October 8, 2001 order is not an order denying a motion to compel arbitration under HRS § 658-3 that is immediately appealable under the collateral order doctrine inasmuch as HRS § 658-3 did not apply to the motion for withdrawal of counsel. Even if HRS § 658-3 applied to the motion for withdrawal of counsel, the October 8, 2001 order is not effectively unreviewable on appeal from a final judgment in Civil No. 96-3580 inasmuch as appellant did not move that the withdrawal of counsel motion be stayed pending arbitration, the motion has already been heard by the circuit court and the appeal of the October 8, 2001 order would afford appellant a remedy in name, but not an adequate remedy in fact. See Assn. of Owners of Kukui Plaza v. Swinerton Walberg, 68 Haw. 98, 107, 705 P.2d 28, 35 (1985); Koolau Radioliogy, Inc. v. Queen's Medical Center, 73 Haw. 433, 444, 834 P.2d 1294, 1300 (1992). Therefore,
IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.