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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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doctrines, see Greer v. Baker, 137 Hawai i 249, 253, 369 P.3d 832, 836 (2016) (discussing collateral-order doctrine and NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Forgay v. Conrad, 47 U.S. 201 (1848)); and the circuit court has not granted leave for an interlocutory appeal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