Katsura v. Kuroiwa

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-MAR-2023
09:11 AM
Dkt. 25 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MASAKATSU KATSURA, individually and as Trustee of the
Masakatsu Katsura Revocable Trust dated August 23, 1994;
MIEKO KATSURA, individually and as Trustee of the
Mieko Katsura Revocable Trust dated August 23, 1994;
and YMM LLC, a Hawaii LLC, Plaintiffs-Appellees, v.
SCOTT KUROIWA, Defendant-Appellant, and
JOHN AND JANE DOES, PARTNERSHIPS, CORPORATIONS
AND ENTITIES 1-20, Defendants

APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT
LĪHU E DIVISION
(CIVIL NO. 5RC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Nakasone and Chan, JJ.)
Upon review of the record, it appears that self-
represented Defendant-Appellant Scott Kuroiwa appeals from the
District Court of the Fifth Circuit, Līhu e Division's
November 9, 2022 "Order Transferring the Rent Trust Fund
Established in Civil No. 5RC-181-000106 on March 3, 2022 and the
Balance on Deposit to Civil No. 5DRC-XX-XXXXXXX and Order
Establishing Rent Trust Fund in 5DRC-XX-XXXXXXX" (Transfer
Order).
We lack jurisdiction over the appeal, as the Transfer
Order is not a final, appealable order, decree, or judgment. See
Hawaii Revised Statutes (HRS) § 641-1(a) (2016); District Court
Rules of Civil Procedure Rules 54(b), 58. Further, the Transfer
Order is not independently appealable under the collateral-order
doctrine or the Forgay doctrine. See Greer v. Baker, 137 Hawai i
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

249, 253, 369 P.3d 832, 836 (2016) (setting forth the
requirements for appealability under the collateral-order
doctrine and the Forgay doctrine).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
IT IS HEREBY FURTHER ORDERED, that all pending motions
are dismissed.
DATED: Honolulu, Hawai i, March 7, 2023.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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