Sasaki v. Fukushima - Appeal Dismissed for Lack of Appellate Jurisdiction
Summary
The Hawaii Intermediate Court of Appeals dismissed Defendant-Appellant Doreen Fukushima's appeal in Maryann Sasaki v. Doreen Fukushima (CAAP-26-0000191) for lack of appellate jurisdiction. The appellate court determined that the Circuit Court had not entered a final, appealable order or judgment as required by HRS § 641-1(a), and the order denying the motion to recuse was not independently appealable under the collateral order or Forgay doctrines.
What changed
The Hawaii Intermediate Court of Appeals dismissed Defendant-Appellant Doreen Fukushima's appeal in Maryann Sasaki v. Doreen Fukushima for lack of appellate jurisdiction. The appellate court found the Circuit Court had not entered a final, appealable order or judgment as required for appellate review under HRS § 641-1(a), Hawaii Rules of Civil Procedure Rules 54(b) and 58, and Jenkins v. Cades Schutte Fleming & Wright. The order denying the motion to recuse Judge Cataldo was not independently appealable under the collateral order or Forgay doctrines, and no leave for interlocutory appeal was granted under HRS § 641-1(b).\n\nThis dismissal means the recusal motion ruling remains pending in the Circuit Court and parties must await a final judgment before pursuing appellate remedies. The procedural dismissal does not address the merits of the underlying dispute or the recusal motion.
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Apr 14, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-26-0000191 14-APR-2026 07:56 AM Dkt. 13 ODSLJ
NO. CAAP-26-0000191 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-24-0001827) 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 Revised Code of Judicial Conduct," entered in the i 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 Revised Statutes (HRS) § 641-1(a) (2016); i 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 Forgay 1 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
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.
14, 2026. DATED: Honolulu, Hawai i, April /s/ Karen T. Nakasone Chief Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Kimberly T. Guidry Associate Judge
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