James v. O'Donnell

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-FEB-2025
08:34 AM
Dkt. 72 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

JARED JAMES, Plaintiff-Appellant, v.
PATRICK J. O'DONNELL, M.D.; SUSAN TAN, M.D.;
SELENA PETERS, M.D.; MERLA TAKENAKA, RN;
KAPIOLANI MEDICAL SPECIALISTS;
KAPIOLANI MEDICAL CENTER FOR WOMEN AND CHILDREN;
HAWAII PACIFIC HEALTH, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and Wadsworth, JJ.)
Upon consideration of Defendants-Appellees Merla
Takenaka RN, Kapiolani Medical Center for Women and Children,
Hawaii Pacific Health, Selena Peters, M.D., Patrick J. O'Donnell,
M.D., Susan Tan, M.D., and Kapiolani Medical Specialists'
(collectively, Appellees) Joint Motion to Dismiss, filed December
18, 2024 (Motion), the papers in support and in opposition, and
the record, it appears that Appellees seek dismissal of the
appeal filed by self-represented Plaintiff-Appellant Jared James
(James) for lack of jurisdiction. James appeals from the Circuit
Court of the First Circuit's "Order Denying Plaintiff's Motion
for Leave to File Second Amended Complaint" and "Order Denying
Plaintiff's Application for Default Judgment [Dkt. No. 110],"
entered on August 23, 2024, and its "Order Denying Plaintiff
Jared James' Motion for Declaratory Judgment; in the Alternative
Motion for Judgment on the Pleadings, Filed on July 2, 2024 [Dkt.
98]," entered on September 24, 2024.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

The court lacks appellate jurisdiction because the
Circuit Court has not entered a final, appealable order or
judgment, see Hawai i Revised Statutes (HRS) § 641-1(a) (2016);
Hawai i Rules of Civil Procedure Rules 54(b), 58; Jenkins v.
Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d
1334, 1338 (1994), and the orders appealed-from are not
independently appealable under the collateral-order or Forgay 1
doctrines, nor has the Circuit Court granted leave for an
interlocutory appeal under HRS § 641-1(b). See Greer v. Baker,
137 Hawai i 249, 253, 369 P.3d 832, 836 (2016) (setting forth the
requirements for appealability under the collateral-order
doctrine and the Forgay doctrine); HRS § 641-1(b) (specifying
requirements for leave to file interlocutory appeal).
Therefore, IT IS HEREBY ORDERED that the Motion is
granted, and the appeal is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, February 4, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

1
Forgay v. Conrad, 47 U.S. 201 (1848).

2