Association of Apartment Owners of Canterbury Place v. Canterbury Holdings, LLC

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
03-FEB-2025
08:01 AM
Dkt. 61 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ASSOCIATION OF APARTMENT OWNERS OF CANTERBURY PLACE,
Plaintiff/Counterclaim Defendant-Appellant,
v.
CANTERBURY HOLDINGS, LLC, a Hawaii Limited Liability Company,
Defendant/Counterclaimant/Cross-claimant/
Third-Party Plaintiff-Appellee,
and
STARNEV, LTD., a Nevada Limited Liability Company,
Defendant/Cross-claim Defendant-Appellee,
and
1910 PARTNERS, LLP and BRUCE J. STARK,
Third-Party Defendants,
and
JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10;
DOE CORPORATIONS 1-10; DOE ENTITIES 1-10;
DOE GOVERNMENTAL UNITS 1-10, Defendants

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

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and Guidry, JJ.)
Upon consideration of Defendant/Counterclaimant/
Cross-claimant/Third Party Plaintiff-Appellee Canterbury
Holdings, LLC's (Canterbury Holdings) December 11, 2024 "Motion
to Dismiss Appeal for Lack of Jurisdiction and for Sanctions"
(Motion), the papers in support and in opposition, and the
record, it appears that Canterbury Holdings seeks dismissal of
the appeal for lack of jurisdiction and an award of sanctions
against Plaintiff/Counterclaim Defendant-Appellant Association of
Apartment Owners of Canterbury Place (AOAO).
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

The AOAO appeals from the Circuit Court of the First
Circuit's June 12, 2024 "Findings of Fact, Conclusions of Law and
Order Granting Defendant/Counterclaim Plaintiff Canterbury
Holdings, LLC's Rule 50 Oral Motion for Judgment as a Matter of
Law" (June 12, 2024 Order). The court lacks jurisdiction because
the Circuit Court has not entered a final, appealable order or
judgment. Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai i
115, 119, 869 P.2d 1334, 1338 (1994). The June 12, 2024 Order is
not independently appealable under the collateral order or
Forgay1 doctrines. See Greer v. Baker, 137 Hawai i 249, 253, 369
P.3d 832, 836 (2016) (setting forth requirements for
appealability under the collateral order and Forgay doctrines).
The Circuit Court did not grant leave for an interlocutory
appeal. Hawaii Revised Statutes § 641-1(b) (2016) (specifying
requirements for leave to file interlocutory appeal). The notice
of appeal cannot be construed as a premature appeal from a final
judgment under Hawai i Rules of Appellate Procedure Rule 4(a)(2)
because the record does not reflect that the Circuit Court
announced a final, appealable decision before the AOAO filed its
notice of appeal. Accordingly, we will grant the request for
dismissal.
Canterbury Holdings fails to cite authority supporting
an award of sanctions against the AOAO. Accordingly, we will
deny the request for sanctions.
Therefore, IT IS HEREBY ORDERED that the Motion is
granted in part and denied in part as follows:
1. The appeal is dismissed; and
2. The request for sanctions is denied.
DATED: Honolulu, Hawai i, February 3, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

1
Forgay v. Conrad, 47 U.S. 201 (1848).

2