CJPJ Holdings LLC v. U.S. Pacific Capital Co., Ltd.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-FEB-2023 08:35 AM Dkt. 16 ODSLJ NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I CJPJ HOLDINGS LLC, Plaintiff-Appellee, v. U.S. PACIFIC CAPITAL CO., LTD.; DIAMOND HAT HONEY LLC, Defendants-Appellees, and SHICHININ LLC, Defendant/Cross-Claimant-Appellant, and SPRINT CORPORATION, Defendant/Cross-Claim Defendant-Appellee, and JOHN & JANE DOES 1-10; DOE CORPORATIONS AND ENTITIES 1-10, Defendants-Appellees APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC141002485) ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION (By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.) Upon review of the record, it appears that Defendant/Cross-Claimant-Appellant Shichinin LLC (Shichinin) appeals from the following orders entered by the Circuit Court of the First Circuit (Circuit Court)in Civil No. 1CC141002485: (1) the April 1, 2022 "Order Denying [Shichinin's] Motion to Vacate Arbitration Award and Ex Parte Motions for Issuance of Commission to Take Out-of-state Depositions Without Prejudice"; (2)the June 30, 2022 "Order Denying Shichinin, LLC's Motion to Confirm Arbitration Award, Filed April 4, 2022 Without Prejudice"; and (3) the December 15, 2022 "Order Explaining Why it is Not Possible or Appropriate for this Court to Enter a Final Appealable Order or Judgment." We conclude that the court lacks appellate jurisdiction because, among other reasons, the Circuit Court has not entered a final, appealable judgment or order under Hawaii Revised Statutes § 658A-28(a) (2016). NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.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. DATED: Honolulu, Hawai i, February 10, 2023. /s/ Lisa M. Ginoza Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Derrick H.M. Chan Associate Judge 2