Summary
This Intermediate Court of Appeals order grants the appellee's motion to dismiss an appeal filed by self-represented appellant Albert M. Goldberg. The court determined it lacks appellate jurisdiction because the underlying circuit court had not entered a final, appealable order or judgment. Citing Hawaii statutes and rules regarding finality and the collateral-order doctrine, the court dismissed the appeal and all pending motions.
Topics
Practice areas
Questions Presented
- Whether the intermediate court has appellate jurisdiction to hear the appeal because the underlying order is not a final, appealable order.
Holdings
- The appeal is dismissed for lack of jurisdiction because the circuit court has not entered a final, appealable order and the order is not independently appealable under the collateral‑order or Forgay doctrines, nor has leave for an interlocutory appeal been granted.
Key quotations
“IT IS HEREBY ORDERED that the motion is granted, and the appeal is dismissed for lack of jurisdiction.” (at 1)
Factual background
Palm Avenue Hialeah Trust filed a motion to dismiss the appeal filed by Albert M. Goldberg, who was challenging the circuit court's order granting Palm Avenue's motion to dismiss defendants' counterclaim. The circuit court had not entered a final judgment on the merits.
Procedural history
The Circuit Court of the Third Circuit entered an order granting Palm Avenue's motion to dismiss defendants' counterclaim. Albert M. Goldberg appealed that order. The Intermediate Court of Appeals held the appeal was not appealable because the underlying order was not final and no interlocutory appeal was permitted.