Choi v. Korean Christian Church

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
11-OCT-2024
08:30 AM
Dkt. 94 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

HYE JA CHOI, Plaintiff-Appellant, v.
KOREAN CHRISTIAN CHURCH; REX KIM; IRIS KIM; DANIEL CHANG;
DIANA CHANG; ANNA KIM; JOSEPH KIM; SONG K. (KUN) CHOI; KRIS CHOO;
MI KYEONG KIM; SUN YOUNG KIM; NAOMI LIM; HUNG JA KWAK;
SUNG OK KIM; ESTHER KWON; SYLVIA GILLESPIE; JIN YU; SERA SUNG;
MYOUNG STEMPIN; SOO JIN CHIKASUYE; YOUNG AE HAN; HANNAH CHANG,
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 McCullen, JJ.)
Upon consideration of Defendants-Appellees Korean
Christian Church and Rex Kim's (together, Appellees)
September 27, 2024 Motion to Dismiss Appeal for Lack of
Jurisdiction, 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 Hye Ja Choi from
the Circuit Court of the First Circuit's March 22, 2024 Order
Granting [Appellees'] Motion for Summary Judgment and for
Judgment on the Pleadings [Dkt. 251] (March 22, 2024 Order) on
the basis that the court lacks appellate jurisdiction.
The record reflects that the Circuit Court has not
entered a final, appealable decree, order, or judgment. Hawaii
Revised Statutes (HRS) § 641-1(a) (2016); Hawai i Rules of Civil
Procedure (HRCP) Rules 58, 54(b); Jenkins v. Cades Schutte
Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d 1334, 1338
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(1994). Though the March 22, 2024 Order could be certified for
appeal in an HRCP Rule 54(b) judgment, the Circuit Court has not
entered such a judgment or expressed any intent to do so.
Further, the March 22, 2024 Order is not independently appealable
under the collateral-order or Forgay 1 doctrines, and the Circuit
Court has not 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 Appellees' motion
is granted and the appeal is dismissed for lack of appellate
jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, October 11, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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

2