NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-21-0000386

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

GREENE LANE CAPITAL LLC, Plaintiff-Appellant, v.

DM KULANA HALE HOLDINGS LLC, Defendants-Appellees,

and JOHN DOES 1-20; JANE DOES 1-20; AND DOE ENTITIES 1-20,

Defendants-Appellees

(CIVIL NO. 1CCV-21-0000193)

AND

DM KULANA HALE HOLDINGS LLC; DENNIS W. MAHONEY,

AN INDIVIDUAL; DENNIS W. MAHONEY, TRUSTEE UNDER THAT CERTAIN

DECLARATION OF REVOCABLE TRUST OF DENNIS W. MAHONEY,

DATED NOVEMBER 15, 2004; and DM KULANA HALE HOLDINGS LLC,

derivatively on behalf of KULANA HALE LP; and

CAPITOL MARKET, LIMITED, Plaintiffs-Appellees, v.

YANG SUH, individually, GREENE LANE CAPITAL LLC,

Defendants-Appellants, and

BUON VIAGGIO LLC, Defendant-Appellee,

YANG D. SUH AND MARI IKEGUCHI,

TRUSTEES OF THE YANG D. SUH AND MARI IKEGUCHI LIVING TRUST,

DATED MARCH 14, 2019; GREENE LANE CAPITOL MARKET LLC,

Defendants-Appellants; and JOHN DOES 1-20;

JANE DOES 1-20; DOE PARTNERSHIPS 1-20;

DOE CORPORATIONS 1-20; DOE COMPANIES 1-20;

and DOE ENTITIES 1-20, Defendants-Appellees

(CIVIL NO. 1CCV-21-0000296)

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

ORDER GRANTING MOTION TO DISMISS APPEAL

(By: Ginoza, Chief Judge, Hiraoka and Fujise, JJ.)

Upon consideration of the July 16, 2021 "Motion to

Dismiss Defendants-Appellants Yang Suh, Greene Lane Capital LLC,

Yang D. Suh and Mari Ikeguchi, Trustees of the Yang D. Suh and

Mari Ikeguchi Living Trust, Dated March 14, 2019, and Greene Lane

Electronically Filed

Intermediate Court of Appeals

CAAP-21-0000386

03-SEP-2021

08:34 AM

Dkt. 35 OGMD
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Capitol Market LLC's [(collectively, Appellants)] Appeal from the

Order Granting Ex Parte Motion for the Appointment of a Receiver

Pendente Lite [(Receiver)], Filed May 17, 2021, Filed May 25,

2021 [(Order Appointing Receiver)] for Lack of Appellate

Jurisdiction," it appears we lack jurisdiction over the appeal

because the Circuit Court of the First Circuit (circuit court)

has not entered a final, appealable judgment in the underlying

case, Civil No. 1CCV-21-0000296, and the interlocutory Order

Appointing Receiver is not independently appealable.

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 Rule 58 or Rule 54(b) of the

Hawai#i Rules of Civil Procedure. See Jenkins v. Cades Schutte

Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338

(1994). The circuit court has not yet entered a final,

appealable judgment in the underlying case, Civil No.

1CCV-21-0000296.

The Order Appointing Receiver does not qualify for an

exception to the final-judgment requirement under the collateralorder doctrine because Appellants may seek review of the Order

Appointing Receiver, and any other orders related to the

appointment of the Receiver, once the circuit court enters a

final, appealable judgment, and Appellants fail to demonstrate

that the Receiver's actions pending resolution of the underlying

case may cause them to suffer an irreparable loss of rights. See

Greer v. Baker, 137 Hawai#i 249, 253, 255, 369 P.3d 832, 836, 838

(2016) (setting forth requirements for appeal under the

collateral-order doctrine). 

Further, it appears the Order Appointing Receiver is

not appealable under the Forgay doctrine because it does not

order the Receiver to sell or otherwise divest Appellants of

their interest in the subject partnership. See Greer, 137

Hawai#i at 253, 369 P.3d at 836 (setting forth requirements for

appeal under the Forgay doctrine). Also, it appears the Order

Appointing Receiver is not appealable under HRS § 641-1(b)

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

because it is not HRS § 641-1(b)-certified, and it does not

appear that Appellants sought certification. See HRS § 641-1(b)

(2016).

Therefore, IT IS HEREBY ORDERED that the motion to

dismiss the appeal is granted and the appeal is dismissed for

lack of jurisdiction.

DATED: Honolulu, Hawai#i, September 3, 2021.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Alexa D.M. Fujise

Associate Judge

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