Keaka Martin v. Department of Public Safety

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
05-APR-2024
07:53 AM
Dkt. 15 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

KEAKA MARTIN, Plaintiff-Appellant, v.
DEPARTMENT OF PUBLIC SAFETY, Defendant-Appellee

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

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)
Upon review of the "Motion for Leave to Extend Time to
File Jurisdictional Statement and Opening Brief on Pending Motion
for Reconsideration" filed by self-represented Plaintiff-
Appellant Keaka Martin on March 25, 2024, the papers in support,
the memorandum in opposition filed by Defendant-Appellee
Department of Public Safety (DPS) on March 28, 2024, and the
record, it appears that:
1. Martin appeals from the circuit court's
December 20, 2023 Oral Ruling granting in part and denying in
part DPS's motion for summary judgment; and
2. The Oral Ruling, even if entered as a written
order, would not be appealable because it does not resolve all
claims as to all parties and the record does not show that the
circuit court certified the Oral Ruling for appeal under Hawai i
Rules of Civil Procedure Rule 54(b), Jenkins v. Cades Schutte
Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338
(1994), it is not an appealable collateral order, see Greer v.
Baker, 137 Hawai i 249, 254, 369 P.3d 832, 837 (2016), it is not
appealable under the Forgay doctrine, see Ciesla v. Reddish, 78
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Hawai i 18, 20, 889 P.2d 702, 704 (1995), and it is not
appealable under Hawaii Revised Statutes § 641-1(b).
Therefore, IT IS HEREBY ORDERED that this appeal is
dismissed for lack of jurisdiction. All pending motions are
dismissed.
DATED: Honolulu, Hawai i, April 5, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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