Fiedler v. Tony Hyundai Waipio

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-JUL-2024
08:22 AM
Dkt. 33 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

DAVID FIEDLER, Plaintiff-Appellant, v.
TONY HYUNDAI WAIPIO; CENTRAL PACIFIC BANK; GEICO,
Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Wadsworth and Guidry, JJ.)
Upon consideration of Defendant-Appellee Tony Hyundai
Waipio's (Tony Hyundai) June 27, 2024 Motion to Dismiss Appeal,
the papers in support, and the record, it appears that: (1) Tony
Hyundai seeks dismissal of the appeal under Hawai i Rules of
Appellate Procedure (HRAP) Rule 42 based on a lack of appellate
jurisdiction; (2) in self-represented Plaintiff-Appellant David
Fielder's July 1, 2024 response, he asks the court to grant the
motion; and (3) as it appears that this court does not have
jurisdiction over this appeal, we will grant dismissal under HRAP
Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the motion is
granted, and the appeal is dismissed. Each party shall bear
their own attorneys' fees and costs on appeal.
DATED: Honolulu, Hawai i, July 17, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge