NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-20-0000746

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

MELINDA M. MOUQUIN TRUST, THROUGH ITS TRUSTEE, MELINDA M.

MOUQUIN, Plaintiff/Counterclaim Defendant-Appellant, v.

HALLIENE R. WALKER, Defendant/Counterclaim Plaintiff-Appellee,

DOES 1-20, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT

(CASE NO. 2CC191000039)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

(By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.)

Upon review of the record, it appears we lack appellate

jurisdiction over Plaintiff/Counterclaim Defendant-Appellant

Melinda M. Mouquin Trust, Through its Trustee, Melinda M.

Mouquin's (Mouquin) appeal from Civil No. 2CC191000039 because

the Circuit Court of the Second Circuit (circuit court) has not

entered a final, appealable judgment.

An aggrieved party cannot obtain appellate review of a

circuit court's interlocutory orders in a civil case, under

Hawaii Revised Statutes (HRS) § 641-1(a) (2016), until the

circuit court has reduced its dispositive rulings to an

appealable, final judgment under Hawai#i Rules of Civil Procedure

(HRCP) Rule 58. Jenkins v. Cades Schutte Fleming & Wright, 76

Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994) ("An appeal may be

taken . . . only after the orders have been reduced to a judgment

and the judgment has been entered in favor of and against the

appropriate parties pursuant to HRCP [Rule] 58[.]" ).

Electronically Filed

Intermediate Court of Appeals

CAAP-20-0000746

18-MAR-2021

08:18 AM

Dkt. 14 ODSLJ
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Here, the February 8, 2021 Judgment is not final and

appealable under HRS § 641-1(a) because it expressly does not

resolve Defendant/Counterclaimant-Appellee Halliene R. Walker's

(Walker) counterclaim (Counterclaim): "In light of the

outstanding issues, . . . [Walker's] Counterclaim for specific

performance is not fully or completely adjudicated." The

Judgment also does not include certification under HRCP

Rule 54(b). 

Because the circuit court has explicitly indicated it

has not resolved all claims against all parties,1 Waikiki does

not apply to require a temporary remand for the entry of an

appealable, final judgment.

Further, the Judgment does not fall within an exception

to the final-judgment rule under the Forgay doctrine, collateralorder doctrine, or HRS § 641-1(b) (2016). See Greer v. Baker,

137 Hawai#i 249, 253, 369 P.3d 832, 836 (2016) (reciting the

requirements for appeals under the collateral order doctrine and

the Forgay doctrine); HRS § 641-1(b) (requirements for leave to

file an interlocutory appeal). 

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed for lack of jurisdiction.

DATED: Honolulu, Hawai#i, March 18, 2021.

/s/ Keith K. Hiraoka

Presiding Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Karen T. Nakasone

Associate Judge

1 On January 14, 2021, the court temporarily remanded the case for

entry of a final, appealable judgment under Waikiki v. Ho#omaka Village Ass'n

of Apartment Owners, 140 Hawai#i 197, 204, 398 P.3d 786, 793 (2017), because

it appeared the circuit court had resolved all claims as to all parties in its

November 9, 2020 Order Granting [Walker's] Motion for Summary Judgment Against

[Mouquin], Filed July 17, 2020.

2