NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-20-0000411

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

FRANCIS GRANDINETTI, Plaintiff-Appellant, v.

TINA AGARAN, R.N., C.S.B.A., as Clinical Services Branch

Administrator, Health Care Division; DEPARTMENT OF PUBLIC

SAFETY-HI, with other HCD staff, WESLEY (WES) MUN;

DR. CAROLINE MEE, M.D.; CAROLE PAYNE, R.N.;

JENNIFER LOPEZ, R.N.; DR. KAY A. BAUMAN, HCD AND DPS AUDITORS,

HAWAII-ARIZONA SAGUARO CONTRACTS; NOLAN P. ESPINDA,

MARIA C. COOK; JODIE F. MAESAKA-HIRATA, RENEE R. SONOBE HONG;

SCOTT JIMBO; SHARI KIMOTO; HOWARD KOMORI; AND PATRICK NAKASHIMA,

Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CCV-19-0002282)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

(By: Ginoza, Chief Judge, Leonard and Chan, JJ.)

Upon review of the record, it appears that we lack

jurisdiction over this appeal filed by self-represented

Plaintiff-Appellant Francis Grandinetti (Grandinetti) from

circuit court civil case no. 1CCV-19-0002282, because there is no

order or judgment in the record from which Grandinetti can

presently appeal.

Electronically Filed

Intermediate Court of Appeals

CAAP-20-0000411

22-OCT-2020

10:37 AM

Dkt. 16 ODSLJ
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

On November 22, 2019, Grandinetti filed a "DPS 2018-

2019 'Contract Auditors' Complaint: Health Care Division"

(Complaint).1 The record indicates that the circuit court

entered three orders: (1) a December 27, 2019 order granting

Grandinetti's "Plaintiff Motion for TRO and PI, Pending Filing

Fees, etc." (December 27, 2019 Order); (2) a January 2, 2020

order approving Grandinetti's request to proceed without paying

filing fees (January 2, 2020 Order); and (3) a January 6, 2020

"Notice to All Parties and Order Regarding the Standard of

Conduct for Self-Represented Parties" (January 6, 2020 Order). 

On May 28, 2020, Grandinetti filed a notice of appeal

from the underlying case.2 The notice of appeal does not

identify any particular order from which the appeal is taken or

the authority for the appeal; rather, it appears to allege

wrongdoing by prison officials and complains they will not comply

with the circuit court's January 6, 2020 Order.

Hawaii Revised Statutes § 641-1 authorizes appeals from

final judgments, orders, or decrees. However, the record

indicates that the circuit court has not entered any order or

judgment adjudicating the Complaint. In addition, if Grandinetti

intends to appeal from the December 27, 2019 Order, January 2,

2020 Order, or January 6, 2020 Order (and assuming, without

deciding, that such orders are even appealable), the appeal is

untimely, as Grandinetti filed the notice of appeal more than 30

days after the circuit court entered those orders. See Hawai#i

Rules of Appellate Procedure Rule 4(a)(1). Accordingly, we lack

appellate jurisdiction, and this appeal must be dismissed.

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed for lack of appellate jurisdiction.

1 The circuit court clerk electronically filed the Complaint on

December 9, 2019.

2 The appellate clerk received and electronically filed the notice of

appeal on June 3, 2020.

2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

IT IS FURTHER ORDERED that all pending motions are

dismissed as moot.

DATED: Honolulu, Hawai#i, October 22, 2020.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Katherine G. Leonard

Associate Judge

/s/ Derrick H.M. Chan

Associate Judge

3