NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-21-0000020

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CITIBANK, NA AS TRUSTEE FOR WAMU SERIES 2007-HE2 TRUST,

Plaintiff-Appellee, v. WILLIAM GASPAR; JOYAL GASPAR,

Defendants-Appellants, and HAWAIIAN OCEAN VIEW ESTATES

ROAD MAINTENANCE CORPORATION, Defendant-Appellee,

and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50;

DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and

DOE GOVERNMENTAL UNITS 1-50, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(CIVIL NO. 3CC171000137)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

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

Upon review of the record, it appears we lack appellate

jurisdiction over self-represented Defendants-Appellants William

Gaspar and Joyal Gaspar's (collectively, the Gaspars) appeal from

the Circuit Court of the Third Circuit's (circuit court)

December 16, 2020 "Order Denying [the Gaspars'] Motion to Dismiss

[Plaintiff-Appellee Citibank, NA]'s Motion for Summary Judgment

as Against All Defendants and for Interlocutory Decree of

Foreclosure, Filed December 15, 2017; and Motion to Dismiss

Complaint filed April 21, 2017, Filed July 17, 2020" (Order

Denying Motion to Dismiss), and December 28, 2020 minute order,

issued in Civil No. 3CC171000137, because the circuit court has

not entered an appealable, final judgment or order.

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

provides that "[a]ppeals shall be allowed in civil matters from

all final judgments, orders, or decrees of circuit . . .

Electronically Filed

Intermediate Court of Appeals

CAAP-21-0000020

04-JUN-2021

08:56 AM

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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

courts[.]" Appeals under HRS § 641-1 "shall be taken in the

manner . . . provided by the rules of court." HRS § 641-1(c)

(2016). Hawai#i Rules of Civil Procedure (HRCP) Rule 58 requires

that "[e]very judgment shall be set forth on a separate

document." 

An aggrieved party typically cannot obtain appellate

review of a circuit court's interlocutory orders in a civil case,

under HRS § 641-1(a) (2016), until the circuit court has reduced

its dispositive rulings to an appealable, final judgment under

HRCP Rule 58 or Rule 54(b). See Jenkins v. Cades Schutte Fleming

& Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994). Here,

the circuit court has not yet entered an appealable, final

judgment.

Further, the Order Denying Motion to Dismiss does not

qualify for an exception to the final-judgment requirement under

the collateral-order doctrine, the Forgay doctrine, or HRS § 641-

1(b) (2016). See Greer v. Baker, 137 Hawai#i 249, 253, 369 P.3d

832, 836 (2016) (setting forth requirements for appealability

under the Forgay doctrine and collateral-order doctrine); HRS §

641-1 (requirements for leave to file an interlocutory appeal). 

In addition, the circuit court's minute order is not

appealable. See Abrams v. Cades, Schutte, Fleming & Wright, 88

Hawai#i 319, 321 n.3, 966 P.2d 631, 633 n.3 (1998) ("[A] minute

order is not an appealable order.").

The court "must dismiss an appeal on our motion if we

lack jurisdiction." Grattafiori v. State, 79 Hawai#i 10, 13, 897

P.2d 937, 940 (1995) (internal quotation marks and citation

omitted).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed for lack of jurisdiction.

DATED: Honolulu, Hawai#i, June 4, 2021.

/s/ Alexa D.M. Fujise

Presiding Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Clyde J. Wadsworth

Associate Judge 

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