Opinion
NO. CAAP-15-0000887
05-03-2016
GERALD VILLANUEVA, Plaintiff-Appellant, v. STATE OF HAWAI'I, et al., Defendants-Appellees
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 14-1-0707(1)) ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon review of records in CAAP-15-0000887, it appears that this court lacks appellate jurisdiction over the appeal. Plaintiff-Appellant Gerald Villanueva (Appellant), pro se, appeals from the Order of Dismissal, filed on October 20, 2015 in the Circuit Court of the Second Circuit. The Order of Dismissal dismissed Appellant's Complaint for failure to timely file a pretrial statement in accordance with Rule 12(q) of the Rules of the Circuit Court of Hawaii (RCCH). However, the Circuit Court did not subsequently enter a separate judgment on the Order of Dismissal.
The Honorable Rhonda Loo presided. --------
HRS § 641-1(a) (1993 & Supp. 2015) authorizes appeals from final judgments, orders, or decrees from the Circuit Court. Appeals under HRS § 641-1 "shall be taken in the manner . . . provided by the rules of court." HRS § 641-1(c). Rule 58 of the Hawai'i Rules of Civil Procedure (HRCP) requires in civil circuit court cases that "[e]very judgment shall be set forth on a separate document." HRCP Rule 58. Based on this requirement under HRCP Rule 58, the Supreme Court of Hawai'i has held that "[a]n appeal may be taken . . . only after the orders have been reduced to a judgment and the judgment has been entered in favor of and against the appropriate parties pursuant to HRCP [Rule] 58[.]" Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai'i 115, 119, 869 P.2d 1334, 1338 (1994). "Thus, based on Jenkins and HRCP Rule 58, an order is not appealable, even if it resolves all claims against the parties, until it has been reduced to a separate judgment." Carlisle v. One (1) Boat, 119 Hawai'i 245, 254, 195 P.3d 1177, 1186 (2008). The separate judgment requirement of HRCP Rule 58 is applicable to appeals from a dismissal pursuant to RCCH Rule 12(q). Price v. Obayashi Hawaii Corp., 81 Hawai`i 171, 176, 914 p.2d 1364, 1369 (1996). No separate judgment by the Circuit Court appears in the record on appeal. Therefore, the appeal is premature and this court lacks appellate jurisdiction over the appeal.
IT IS HEREBY ORDERED that the appeal is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai'i, May 3, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge