Harte v. Smith

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
25-AUG-2025
08:45 AM
Dkt. 60 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

GLENN W. HARTE, DEVON W. HARTE, and GOLD KEY PROPERTIES, LLC,
Plaintiffs-Appellants, v.
BRETT RUSSELL SMITH, KARA ANN BYRNE, JOHN JOSEPH GOODHUE, and
BRETT SMITH ENTERPRISES, LLC, Defendants/Cross-claimants/Cross-
claim Defendants-Appellees,
and
COLDWELL BANKER ISLAND PROPERTIES,MELISSA MONTGOMERY,
Defendants/Cross-claimclaimants/Cross-claim
Defendants-Appellees,
and
JOHN DOES 1-10, JANE DOES 1-10, DOE ENTITIES 1-10,
DOE CORPORATIONS 1-10, DOE GOVERNMENTAL ENTITIES 1-10,
and DOE PARTNERSHIPS 1-10, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 2CCV-XX-XXXXXXX)

ORDER GRANTING MOTIONS TO DISMISS APPEAL
(By: Nakasone, Chief Judge, Leonard and Guidry, JJ.)
Upon consideration of: (1) Defendants/Cross-claimants/
Cross-claim Defendants-Appellees Brett Russell Smith, John Joseph
Goodhue, and Brett Smith Enterprises, LLC's May 12, 2025 Motion
to Dismiss; (2) Defendants/Cross-claimants/Cross-claim
Defendants–Appellees CBIP, Inc. incorrectly named as Coldwell
Banker Island Properties and Melissa Montgomery's May 22, 2025
Motion to Dismiss for Lack of Appellate Jurisdiction; (3) the
respective papers in support and in opposition; and (4) the
record, it appears that the respective movants seek dismissal of
the appeal for lack of jurisdiction because the November 13, 2024
Order Granting Defendant Kara Ann Byrne's Motion for Summary
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Judgment as to All Claims, Filed September 13, 2024 [DKT. 169]
(November 13, 2024 Order) appealed-from is not an appealable
order.
We conclude that the November 13, 2024 Order is not a
final, appealable order or judgment under Hawai i Revised
Statutes (HRS) § 641-1(a) (2016), Hawai i Rules of Civil
Procedure Rules 58 and/or 54(b), and Jenkins v. Cades Schutte
Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338
(1994). The November 13, 2024 Order is not independently
appealable under the collateral order doctrine or the Forgay 1
doctrine, and the Circuit Court has not granted leave for
interlocutory appeal under 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 and
Forgay doctrines); HRS § 641-1(b) (specifying requirements for
leave to file interlocutory appeal).
Therefore, IT IS HEREBY ORDERED that the motions are
granted, and the appeal is dismissed for lack of jurisdiction. 2
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, August 25, 2025.
/s/ Karen T. Nakasone
Chief Judge

/s/ Katherine G. Leonard
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1
Forgay v. Conrad, 47 U.S. 201 (1848).
2
We note that a timely appeal was filed from the April
10, 2025 Final Judgment in 2CCV-XX-XXXXXXX, creating CAAP-25-
0000395. That appeal brings up for review the November 13, 2024
Order. The dismissal herein is without prejudice to the
parties' arguments in that appeal.

2