West Physicians Associates v. Quiane - Order Granting Motion to Dismiss Appeal
Summary
The Hawaii Intermediate Court of Appeals granted a motion to dismiss an interlocutory appeal filed by Agrifina Quiane against West Physicians Associates. The court found that the district court's order was not an appealable collateral order and did not meet the requirements for an interlocutory appeal, thus dismissing the appeal.
What changed
The Hawaii Intermediate Court of Appeals has issued an order granting the Plaintiff-Appellee's Motion to Dismiss the Defendant-Appellant's interlocutory appeal. The appeal stemmed from a District Court order regarding contempt sanctions. The appellate court determined that the district court's order was not an appealable collateral order because it did not require the appellant to pay a specific amount by a specific day, nor did it meet other statutory requirements for interlocutory appeals.
This ruling means the appeal is dismissed, and the appellant, Agrifina Quiane, must comply with the underlying district court order without the benefit of appellate review at this stage. This action reinforces the strict jurisdictional requirements for appeals in Hawaii, particularly concerning interlocutory orders. Legal professionals involved in similar cases should ensure that any orders appealed meet the specific criteria for appealability to avoid dismissal.
Source document (simplified)
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-26-0000129 25-MAR-2026 08:39 AM Dkt. 10 OGMD
NO. CAAP-26-0000129
IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I
WEST PHYSICIANS ASSOCIATES, LLC, Plaintiff-Appellee, v. AGRIFINA QUIANE a/k/a AGRIFINA CORPUZ QUIANE, MD, Defendant-Appellant
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT EWA DIVISION (CASE NO. 1DRC-25-0003953)
ORDER GRANTING MOTION TO DISMISS APPEAL (By: Nakasone, Chief Judge, Hiraoka and Wadsworth, JJ.) Upon consideration of the Motion to Dismiss Defendant-
Appellant's Interlocutory Appeal Filed on February 27, 2026 [ICA dkt. 1], filed by Plaintiff-Appellee West Physicians Associates,
LLC (WPA) on March 2, 2026, the papers in support, and the record, and noting no opposition, it appears that Defendant- Appellant Agrifina Quiane a/k/a Agrifina Corpuz Quiane, MD, representing herself, appeals from the February 17, 2026 Order
Granting in Part and Denying in Part Plaintiff's Motion for Contempt Sanctions Filed December 17, 2025 [Dkt. 172] entered by
the District Court of the First Circuit, #Ewa Division. WPA seeks dismissal of the appeal for lack of jurisdiction. The district court has not entered an appealable order. The Order is not an appealable collateral order because it does
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
not require Quiane to pay a specific amount by a specific day. Siangco v. Kasadate, 77 Hawai#i 157, 161-62, 883 P.2d 78, 82 (1994). The Order is not appealable under the Forgay doctrine, and the district court did not grant leave for an interlocutory appeal. See Greer v. Baker, 137 Hawai#i 249, 253, 369 P.3d 832, 836 (2016) (setting forth requirements for appealability under Forgay doctrine); HRS ยง 641-1(b) (governing interlocutory appeals). Therefore, IT IS HEREBY ORDERED that the Motion to Dismiss is granted, and this appeal is dismissed. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai#i, March 25, 2026. /s/ Karen T. Nakasone Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge
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