Widemann v. Hawaii Paroling Authority

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-FEB-2023
07:58 AM
Dkt. 31 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

LONNELL REGINALD WIDEMANN, Plaintiff-Appellant, v.
HAWAII PAROLING AUTHORITY; DAVID IGE; NEIL ABERCROMBIE;
NOLAN ESPINDA; TED SAKAI; PHYLLIS HIRONAKA; TOMMY JOHNSON;
EDMUND HUYN; FITUINA TUA; MAX OTANI; CLAYTON HEE; CHERYL INOUYE;
GENE DEMELLO, JR.; MILTON KOTSUBO; CAROL MATAYOSHI; BERT MASUOKA;
JOYCE HOSHIJO; MICHAEL TOWNE; DAVID FUJISHIRO; KEVIN REGO;
TODD THOMAS; SEAN ORNELLAS; FRANCIS SEQUIERA;
HONOLULU POLICE DEPARTMENT; HONOLULU STAR ADVERTISER;
KHON 2; KITV 4; KFVE 5; KHNL 8; KGMB 9, Defendants-Appellees

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

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)
Upon consideration of "[Defendant-Appellee] Nexstar
Media Inc., Misidentified as KHON 2's [(Nexstar)] Motion to
Dismiss Appeal for Lack of Appellate Jurisdiction," filed
January 31, 2023 (Motion), the papers in support and in
opposition, and the record, it appears that Nexstar asks the
court to dismiss self-represented Plaintiff-Appellant Lonnell R.
Widemann's (Widemann) appeal from the "Order Denying Plaintiff's
Motion to Amend Complaint [Dkt. 123] Filed July 18, 2022" (Denial
Order), "Order Granting [Nexstar]'s Motion to Dismiss Complaint,
as Amended, or in the Alternative, for Summary Judgment on Any
and All Claims Asserted against KHON 2 [Dkt. 115] Filed July 8,
2022" (Dismissal Order), and Minute Order denying Widemann's
request for reconsideration of the Denial Order and Dismissal
Order (Minute Order), each entered January 10, 2023 in the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Circuit Court of the First Circuit (Circuit Court), as the orders
appealed from are not final, appealable orders.
We conclude that the court lacks appellate
jurisdiction because the Denial Order, Dismissal Order, and
Minute Order are not final, appealable orders, and the Circuit
Court has not otherwise entered a final, appealable order or
judgment in the underlying case. See Hawaii 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); Abrams v. Cades, Schutte,
Fleming & Wright, 88 Hawai i 319, 321, 966 P.2d 631, 633 (1998).
Further, the orders appealed from are not independently
appealable under the collateral-order doctrine, the Forgay 1
doctrine, or 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
doctrine and the Forgay doctrine); HRS § 641-1(b) (specifying
requirements for leave to file interlocutory appeal).
Accordingly, IT IS HEREBY ORDERED that the Motion is
granted and this appeal is dismissed for lack of appellate
jurisdiction.
DATED: Honolulu, Hawai i, February 23, 2023.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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

2