NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER
SUMMARY DISPOSITION ORDER
Plaintiff-Appellant Yurie Yamano (
On appeal, Yamano states four related points of error, asserting that the Circuit Court: (1) erred by not issuing a final judgment and thereby violated Yamano's due process right to be heard under Hawaii Revised Statutes (
Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve Yamano's points of error as follows:
Defendants-Appellees Keiichi Kobayashi, M.D., and Katie Huang, M.D., (
The gravamen of Yamano's appeal is that she was denied due process with respect to an appeal from the dismissal of her medical malpractice claims against Appellees. All of Yamano's contentions appear to be based on her mistaken belief that the Circuit Court failed to reduce its dismissal orders to a final judgment that is appealable under HRS § 641-1(a) (2016). However, on August 20, 2015, the Circuit Court entered a Judgment that was an immediately appealable final judgment under HRS § 641-1(a), Hawai`i Rules of Civil Procedure Rule 58, and the holding in
Yamano did not file a notice of appeal within thirty days after entry of the August 20, 2015 Judgment, as HRAP Rule 4(a) (1) requires for a timely appeal. The failure to file a timely notice of appeal in a civil matter is a jurisdictional defect that the parties cannot waive and the appellate courts cannot disregard in the exercise of judicial discretion.
Nevertheless, the May 4, 2016 Order Denying Post-Judgment Motion was appealable under HRS § 641-1(a) as an independently appealable post-judgment order.
However, as the Circuit Court did in fact enter a final judgment on Yamano's complaint, the arguments raised in this appeal are without merit.
Accordingly, the Circuit Court's May 4, 2016 Order Denying Post-Judgment Motion is affirmed.