Electronically Filed
Supreme Court
SCWC-13-0000391
10-OCT-2013
08:55 AM
SCWC-13-0000391
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
GALINA OGEONE, Petitioner/Plaintiff-Appellant,
vs.
DENTIST W. RUTH YANG, Respondent/Defendant-Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-13-0000391; CIV. NO. 12-1-3278)
ORDER REJECTING PETITION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)
On August 28, 2013, petitioner/plaintiff-appellant
Galina Ogeone filed a petition for a writ of certiorari to review
the ICA’s June 28, 2013 order dismissing her appeal for lack of
jurisdiction. The ICA dismissed the appeal for lack of
jurisdiction upon the conclusion that the circuit court’s April
5, 2013 “Order Granting Defendant Dentist W. Ruth Yang’s Motion
to Set Aside Entry of Default of February 25, 2013 (Filed March
19, 2013)” (“Order Setting Aside Default”) was not an order,
judgment, or decree from which an appeal can be taken. The ICA
correctly concluded that the Order Setting Aside Default is not
an appealable order. More importantly, we note that the ICA
lacked jurisdiction because the case was removed to the United
States District Court for the District of Hawai#i on the same day
that the notice of appeal was filed and no remand order has been
filed. See Mathewson v. Aloha Airlines, Inc., 82 Hawai#i 57, 70,
919 P.2d 969, 982 (1996) (“[A]fter removal, a federal court
acquires full and exclusive jurisdiction over the litigation.”).
Accordingly,
IT IS HEREBY ORDERED that the petition for writ of
certiorari, filed on August 28, 2013, is rejected.
DATED: Honolulu, Hawai#i, October 10, 2013.
Galina Ogeone, /s/ Mark E. Recktenwald
petitioner pro se
/s/ Paula A. Nakayama
/s/ Simeon R. Acoba, Jr.
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
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