Background
Jamie Jeffrey Habig, appearing without counsel, appealed in a Fifth Circuit probate matter concerning his living estate. His November 15, 2025 notice of appeal sought review of all prior denials of motions, petitions, and requests, as well as orders, rulings, or inaction affecting the temporary trustee’s rights, authority, or standing.
On September 16, 2026, Habig filed a second notice of appeal seeking review of the purported deemed denial of his June 17, 2026 petition to terminate guardianship and petition for production of records. The Intermediate Court of Appeals treated that filing as an amended notice of appeal.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed the appeal for lack of jurisdiction. The circuit court had not entered a judgment under Hawaii Probate Rules Rule 34(a) or (c).
The court further held that none of the challenged orders or decisions was independently appealable under the collateral-order or Forgay doctrines. Nor had the circuit court granted leave for an interlocutory appeal under Hawaii Revised Statutes § 641-1(b).
Key Takeaways
- A probate appeal generally requires an appealable judgment under Hawaii Probate Rules Rule 34.
- A broad notice seeking review of prior rulings and court inaction does not itself create appellate jurisdiction.
- Absent an independently appealable order or authorized interlocutory appeal, the appellate court must dismiss.
Why It Matters
The order underscores that appellate jurisdiction depends on the appealability of the order challenged, not merely on a party’s dissatisfaction with ongoing probate proceedings. The court also dismissed all pending motions after dismissing the appeal.