NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
12-MAY-2023
08:35 AM
Dkt. 9 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
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.
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CCV-XX-XXXXXXX)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Wadsworth and Chan, JJ.)
Upon review of the record, it appears that self-
represented 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
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Forgay1 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).
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, May 12, 2023.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Clyde J. Wadsworth
Associate Judge
/s/ Derrick H.M. Chan
Associate Judge
1
Forgay v. Conrad, 47 U.S. 201 (1848).
2