Automated Summary
Key Facts
Doreen Fukushima, self-represented Defendant-Appellant, appealed from a March 9, 2026 Circuit Court order denying her motion to recuse Judge Lisa W. Cataldo. The Intermediate Court of Appeals dismissed the appeal for lack of appellate jurisdiction because the Circuit Court had not entered a final, appealable order, and the order was not independently appealable under the collateral order or Forgay doctrines.
Issues
The appeal is dismissed for lack of appellate jurisdiction. The Circuit Court has not entered a final, appealable order or judgment, and the order appealed-from is not independently appealable under the collateral order or Forgay doctrines. Additionally, the Circuit Court did not grant leave to file an interlocutory appeal under HRS § 641-1(b).
Holdings
The Intermediate Court of Appeals of Hawaii dismissed the appeal for lack of appellate jurisdiction. The court determined that the Circuit Court of the First Circuit had not entered a final, appealable order or judgment, and the order appealed-from was not independently appealable under the collateral order or Forgay doctrines. Additionally, the Circuit Court had not granted leave to file an interlocutory appeal under HRS § 641-1(b).
Remedies
- All pending motions in the case were dismissed by the court in this order.
- The Intermediate Court of Appeals dismissed the appeal for lack of jurisdiction under HRS § 641-1(a) and 641-1(b) because the Circuit Court had not entered a final, appealable order. Additionally, all pending motions were dismissed.
Legal Principles
The Intermediate Court of Appeals dismissed the appeal for lack of appellate jurisdiction because the Circuit Court has not entered a final, appealable order or judgment under Hawai'i Revised Statutes § 641-1(a). The appealed order is not independently appealable under the collateral order or Forgay doctrines, and leave for an interlocutory appeal under HRS § 641-1(b) was not granted.
Precedent Name
- Forgay v. Conrad
- Jenkins v. Cades Schutte Fleming & Wright
- Greer v. Baker
Cited Statute
- Hawaii Revised Statutes
- Hawaii Rules of Civil Procedure Rules 54(b), 58
Judge Name
- Kimberly T. Guidry
- Karen T. Nakasone
- Clyde J. Wadsworth
Passage Text
- The court lacks appellate jurisdiction because the Circuit Court has not entered a final, appealable order or judgment, and the order appealed-from is not independently appealable under the collateral order or Forgay doctrines, nor has the Circuit Court granted leave to file an interlocutory appeal.
- IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.
- IT IS FURTHER ORDERED that all pending motions are dismissed.