IES Retail v. Lahaina Petroleum, LLC

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
16-APR-2026
08:17 AM
Dkt. 25 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

IES RETAIL, LLC, Plaintiff-Appellee,
v.
LAHAINA PETROLEUM, LLC, Defendant-Appellant,
and
ALOHA PETROLEUM, LLC, Defendant-Appellee,
and
JOHN DOES 1-20; JANE DOES 1-20; DOE PARTNERSHIPS 1-20;
DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND
DOE GOVERNMENTAL UNITS 1-20, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Leonard, Presiding Judge, Hiraoka and Guidry, JJ.)

Upon review of the record, it appears we lack
jurisdiction over Defendant-Appellant Lahaina Petroleum, LLC's
appeal from the November 25, 2025 Findings of Fact and
Conclusions of Law and Order Granting Plaintiff IES Retail, LLC's
Motion for Partial Summary Judgment on Liability for Counts I,
II, and III (Regarding Purchase Option Agreements), Filed on
August 20, 2025 [DKT. 92], 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); the
Order is not appealable under the collateral-order or Forgay
doctrines, see Greer v. Baker, 137 Hawai i 249, 253, 369 P.3d
832, 836 (2016) (discussing collateral-order doctrine and
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Forgay v. Conrad, 47 U.S. 201 (1848)); and the circuit court has
not granted leave for an interlocutory appeal under HRS § 641-
1(b).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions and
stipulations are dismissed.
DATED: Honolulu, Hawai i, April 16, 2026.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

2