Malagodi v. Nice

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
02-FEB-2024
07:58 AM
Dkt. 10 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MARK MALAGODI and JANET JOHNSTON,
Plaintiffs/Counterclaim Defendants-Appellees, v.
CAMERON E. NICE and MARTHA J. JACOBSEN,
aka MARTHA J. JACOBSEN-NICE,
Defendants/Counterclaimants-Appellants, and
AMERICAN SAVINGS BANK, F.S.B.,
a Federal Savings Bank, Defendant-Appellee, and
JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20;
DOE CORPORATIONS 1-20; and DOE ENTITIES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 5CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Acting Chief Judge, Nakasone and McCullen, JJ.)
Upon review of the record, it appears that self-

represented Defendants/Counterclaimants-Appellants Cameron E.

Nice and Martha J. Jacobsen, AKA Martha J. Jacobsen-Nice (Nice

Parties) appeal from the Circuit Court of the Fifth Circuit's

November 1, 2022 "Order Approving Plaintiffs' Motion for Summary

Judgment Filed July 29, 2022" and February 7, 2023 "Order

Granting Plaintiffs' Motion to Enforce Order Granting Plaintiffs'

Motion for Summary Judgment Filed Herein on December 13, 2022."

We conclude that the court lacks jurisdiction because the circuit

court has not yet entered a final, appealable judgment. See

Hawaii Revised Statutes § 641-1(a) (2016); Hawai i Rules of Civil
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Procedure Rules 54(b), 58; Jenkins v. Cades Schutte Fleming &

Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338 (1994).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed for lack of jurisdiction.

IT IS FURTHER ORDERED that all pending motions are

dismissed.

DATED: Honolulu, Hawai i, February 2, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

2