NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 25-MAY-2023 08:01 AM Dkt. 27 ODSLJ NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I

DOUGLAS HIRANO, Plaintiff-Appellant, v. KATE McCLORY; SAND ISLAND TREATMENT CENTER; AT&T WIRELESS; RANDY COOK; HOLIDAY INN HOTEL; WHITE SANDS HOTEL; SAND VILLA HOTEL; COCONUT WAIKIKI HOTEL; OHANA MALIA HOTEL, Defendants-Appellees, and JOHN DOES 1-200; JANE ROES 1-100, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-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 Plaintiff-Appellant Douglas Hirano appeals from the Circuit Court of the First Circuit's (circuit court) May 6, 2022 "Order Granting Defendant Sand Villa Hotel's Motion to Dismiss Pursuant to Rule 12(b)(6)" (5/6/22 Order).

The court lacks jurisdiction over the appeal because the circuit court has not entered a final, appealable order or judgment. 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). Further, the 5/6/22 Order is not independently appealable under the collateral-order doctrine, the Forgay1 doctrine, or HRS § 641-1(b). See Greer v. Baker, 137 Hawai i 249, 253, 369 P.3d 832, 836 (2016) (setting forth the

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

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER requirements for appealability under the collateral-order doctrine and the Forgay doctrine); HRS § 641-1(b) (specifying requirements for leave to file interlocutory appeal).

Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai i, May 25, 2023.

/s/ Lisa M. Ginoza Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Derrick H.M. Chan Associate Judge