Tavakoli v. Hawaii Medical Service Association

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*** NO T FO R PUBLICATION *** NO. 25828 IN THE SUPREME COURT OF THE STATE OF HAWAI#I HOMAYON TAVAKOLI, M.D., KIHEI MEDICAL SERVICES, INC., AND URGENT CARE MAUI, INC., Plaintiffs-Appellants and Cross-Appellees vs. HAWAII MEDICAL SERVICE ASSOCIATION; HEALTH PLAN HAWAII, Defendants-Appellees and Cross-Appellants and JOHN DOES 1-99; JANE DOES 1-99; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-10, Defendants APPEAL FROM THE SECOND CIRCUIT COURT (CIV. NO. 02-1-0460) ORDER DISMISSING CROSS-APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that the Honorable Joseph E. Cardoza s Order Denying Without Prejudice Defendants Hawaii Medical Service Association s and Health Plan Hawaii s Motion for Judgment on the Pleadings Filed January 31, 2003, filed April 17, 2003, is not an appealable final order under HRS § 641-1(a) (1993), nor is it certified for interlocutory appeal pursuant to HRS § 641-1(b) (1993). It further appears that part B of the Honorable Joseph E. Cardoza s Order Granting in Part and Denying Without Prejudice in Part Defendants Hawaii Medical Service Association s and Health Plan Hawaii s Motion to Dismiss or in the Alternative, to Compel Individual Arbitration and Stay All Proceedings Filed *** NO T FO R PUBLICATION *** January 31, 2003, filed April 17, 2003, is also not an appealable final order under HRS § 641-1(a) (1993), nor is it certified for interlocutory appeal pursuant to HRS § 641-1(b) (1993). Therefore, IT IS HEREBY ORDERED that the Defendants/Appellees/ Cross-Appellants Hawaii Medical Service Association and Health Plan Hawaii s cross-appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, August 28, 2003. 2

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