Sasaki v. Fukushima

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
14-APR-2026
07:56 AM
Dkt. 13 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

MARYANN SASAKI, Plaintiff-Appellee,
v.
DOREEN FUKUSHIMA, Defendant-Appellant.

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

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Nakasone, Chief Judge, Wadsworth and Guidry, JJ.)

Upon review of the record, it appears that self-
represented Defendant-Appellant Doreen Fukushima appeals from a
March 9, 2026 "Order Denying Defendant Doreen Fukushima, M.D.'s
Motion to Recuse Judge Lisa W. Cataldo Pursuant to Rule 2.11 of
the Hawai i Revised Code of Judicial Conduct," entered in the
Circuit Court of the First Circuit.
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 order appealed-from is not
independently appealable under the collateral order or Forgay1
doctrines, nor has the Circuit Court granted leave to file 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

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Forgay v. Conrad, 47 U.S. 201 (1848).
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

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 appeal is
dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, April 14, 2026.

/s/ Karen T. Nakasone
Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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