Background
Ginette C.P. Persin appealed three orders from the Circuit Court of the First Circuit to the Hawaii Intermediate Court of Appeals. The underlying case (Civil No. 1CCV-22-0000711) involves insurance-related claims against multiple defendants, including Berkshire Hathaway Life Insurance Company of Nebraska, BHG Structured Settlements, Inc., Pacific Life Insurance Company, and individual defendants Richard Boone and Judy Boone.
The trial court had issued three orders between January and February 2024: an order granting Boone’s motion to dismiss the first amended complaint; an order granting in part a motion for summary judgment by the Berkshire defendants; and an order granting in part a motion for summary judgment by the Pacific Life defendants. Persin appealed all three orders.
The Court’s Holding
The Hawaii Intermediate Court of Appeals dismissed the appeal for lack of appellate jurisdiction. The court held that the Circuit Court had not entered a final, appealable order or judgment as required by Hawaii Revised Statutes § 641-1(a) and the Hawaii Rules of Civil Procedure.
The court determined that the three trial court orders were not independently appealable under the collateral-order doctrine or the Forgay doctrine, and the Circuit Court had not granted leave for an interlocutory appeal under HRS § 641-1(b). Because these jurisdictional prerequisites were not satisfied, the appellate court lacked authority to hear the appeal, making dismissal mandatory before reaching the substantive merits.
Key Takeaways
- Appellate courts lack jurisdiction to hear appeals from non-final orders unless a final judgment has been entered or an exception applies
- Intermediate orders can only be appealed if they fall within the collateral-order doctrine, the Forgay doctrine, or if the trial court grants leave for interlocutory review
- Failure to satisfy jurisdictional requirements results in dismissal regardless of the strength of the underlying claims
Why It Matters
This decision demonstrates the strict procedural gatekeeping function of appellate courts. Litigants must ensure compliance with jurisdictional requirements before attempting appellate review, or risk dismissal that resets the timeline for obtaining review. In insurance litigation and other complex cases involving multiple defendants and partial dispositions, careful attention to the finality requirement is essential to avoid procedural dismissals.
For attorneys handling appeals, the case underscores the importance of waiting for a final judgment or obtaining explicit permission for interlocutory appeal. Premature appeals not only result in dismissal but may also tolerate the underlying claims and extend the path to ultimate resolution.
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