CITY COUNTY OF HONOLULU v. COON, 23830 (Haw. 1-24-2001)

CITY AND COUNTY OF HONOLULU, a municipal corporation of the State of Hawaii, Plaintiff-Appellee, vs. David Paul COON, Francis Ahloy Keala, Ronald Dale Libkuman, Constance Hee Lau, and Robert Kalani Uichi Kihune, Trustees of the Kamehameha Schools Bernice Pauahi Bishop Estate, Defendants-Appellants, and Catherine Mary Banning, Trustee of the Catherine Mary Banning Revocable Trust Agreement dated October 25, 1979 et al., Defendants-Appellees.

23830.Supreme Court of Hawaii.
January 24, 2001.

Appeal from the First Circuit Court (Civ. No. 99-0399-01EEH).

MOON, C.J., LEVINSON, NAKAYAMA, RAMIL, and ACOBA, JJ.

ORDER DISMISSING APPEAL
Upon consideration of the appellees’ motion to dismiss appeal for lack of jurisdiction, the papers in support and in opposition, the statements supporting and contesting jurisdiction and the record, it appears that: (1) the orders denying summary judgment entered on April 11, 2000 and September 28, 2000 (“the orders”) are interlocutory orders that were not certified for interlocutory appeal pursuant to HRS § 641-1(b); (2) the orders are not appealable as of right pursuant to HRS § 101-34
inasmuch as the orders do not decide the issue of public use in Civil No. 99-0399; (3) the orders are not appealable under the pragmatic finality doctrine; and thus, (4) this appeal is premature and we lack jurisdiction. Therefore,

IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction.