Opinion
NO. CAAP-13-0000391
06-28-2013
GALINA OGEONE, Plaintiff-Appellant, v. DENTIST W RUTH YANG, Defendant-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 12-1-3278)
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Nakamura, C.J., Foley and Ginoza, JJ.)
Upon review of the record on appeal, it appears that we lack jurisdiction over the appeal by Plaintiff-Appellant Galina Ogeone (Appellant).
The intermediate court of appeals has jurisdiction "[t]o hear and determine appeals from any court or agency when appeals are allowed by law[.]" HRS § 602-57(1) (Supp. 2011). The law provides that "[a]ppeals shall be allowed in civil matters from all final judgments, orders, or decrees of circuit . . . courts[.]" HRS § 641-1(a) (1993 & Supp. 2011).
Appellant appeals from an Order Granting Defendant Dentist Ruth W. Yang's Motion to Set Aside Entry of Default of February 25, 2013 (Filed March 19, 2013), filed on April 5, 2013. This order is not a final order, judgment, or decree from which an appeal can be taken.
The Honorable Edwin C. Nacino presided.
Therefore,
IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai'i, June 28, 2013
Chief Judge
Associate Judge
Associate Judge