HAWAII HOME INFUSION ASSOCIATES v. Befitel

157 P.3d 526, 114 Haw. 87, 2007 Haw. LEXIS 118
CourtHawaii Supreme Court
DecidedApril 16, 2007
Docket27256
StatusPublished
Cited by10 cases

This text of 157 P.3d 526 (HAWAII HOME INFUSION ASSOCIATES v. Befitel) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
HAWAII HOME INFUSION ASSOCIATES v. Befitel, 157 P.3d 526, 114 Haw. 87, 2007 Haw. LEXIS 118 (haw 2007).

Opinions

Opinion of the Court by

LEVINSON, J.

The plaintiff-appellant Hawaii Home Infusion Associates (HHIA) appeals from the first circuit court’s March 28, 2005 judgment, the Honorable Karen S.S. Ahn presiding,1 awarding summary judgment in favor of the defendants-appellees Nelson B. Befitel, director of the State of Hawaii’s Department of Labor and Industrial Relations (DLIR) [hereinafter, “the director”], Kuhio Motors, Inc. (KM), Adjusting Services of Hawaii, Inc. (ASH), and Majestic Insurance Company (MIC) [hereinafter, collectively, “the Appel-lees”] and against HHIA and dismissing “[a]ll other claims and all other parties.”

On appeal, HHIA challenges the circuit court’s judgment insofar as it effectively barred its appeal from the director’s decision to the Labor and Industrial Relations Appeals Board.

For the reasons discussed infra in section III.B, we hold that the first circuit court lacked subject matter jurisdiction over HHIA’s declaratory action and, accordingly, vacate the judgment below and remand with instructions to dismiss HHIA’s complaint.

I. BACKGROUND

On April 2, 2004, HHIA filed a “petition”2 for declaratory relief in the first circuit court, inter alia, challenging, on “substantive due process” and separation-of-powers grounds, the provision of Hawai'i Administrative Rules (HAR) § 12-15-94(d) (2001) that bars appeals from certain billing-dispute resolution decisions.3 As bases for [89]*89the first circuit court’s jurisdiction, HHIA invoked Hawai'i Revised Statutes (HRS) §§ 91-7 (1993)4 and 632-1 (1993) (concerning, inter alia, circuit courts’ jurisdiction over declaratory actions). According to its complaint, HHIA’s “principal offices” are located in Lhu'e, in Kaua'i County, which is coextensive with the fifth judicial circuit, see HRS § 603-1(4) (Supp.1994). HHIA “renders medical care, medical services, and medical supplies ... to home-bound patients on the island of Kaua[’]i” and, in particular, prepared and monitored the delivery of a “specially formulated” medicinal compound to a worker’s compensation claimant, the defendant Edward Shepherd. A billing dispute among HHIA, ASH, and MIC ensued, and the director “ordered the parties” into the billing dispute process described in HAR § 12-15-94(d). HHIA asserted that the director’s resulting decision was adverse to it and that HAR § 12-15-94(d) unconstitutionally deprived it of the right to an appeal therefrom.

On June 21, 2004, the director moved to dismiss HHIA’s complaint on the grounds that it “was filed in the wrong circuit.”5 (Quoting HRS § 91-7(a).) (Citing HRS § 603-37.5 (concerning “[cjure or waiver of [venue] defects”); Hawai'i Rules of Civil Procedure (HRCP) Rules 7 (concerning “form of motions”) and 12.6) See also KM’s, ASH’s, and MIC’s Answer at 4 (“[HHIAJ’s claims are barred ... because of ... lack of jurisdiction.”). HHIA responded that the director’s motion amounted to a challenge of venue rather than subject matter jurisdiction and was therefore untimely inasmuch as the director did not object to venue in his answer or in a pre-answer motion. (Quoting HRCP Rule 12(b) and (h), see supra note 5.) HHIA argued in the alternative that, were the director to claim that his motion asserted a challenge of jurisdiction rather than venue, he would be mistaken inasmuch as “venue is generally not a jurisdictional factor in Ha-wai[’]i.”7 (Citing Life of the Land v. Land Use Comm’n, 58 Haw. 292, 294-95, 298, 568 P.2d 1189, 1191-94 (1977).) Construing its [90]*90argument generously, HHIA seems to have asserted that, rather than creating a territorial limitation on subject matter jurisdiction, HRS § 91-7(a) augments HRS § 603-36(5) (1993),8 granting the plaintiff the option to litigate in the plaintiffs own domicile notwithstanding the general venue rule to the contrary.9

The director’s July 2, 2004 reply countered “that HRS § 91-7 pertains to jurisdiction and is not a matter of venue.” He cited this court’s observation, in Life of the Land, that “[t]he circuit court ... has jurisdiction to render declaratory judgments under HRS § [ ] 91-7,” 58 Haw. at 295, 568 P.2d at 1192 (emphasis added).10 The director further implied that, inasmuch as HRS § 91-7 is distinct from HRS ch. 603, pt. IV (1993) and § 604-7 (Supp.2002), concerning venue in the circuit and district courts, respectively, “it should not be assumed that [HRS] § 91-7 contains a ‘venue’ provision.” Finally, the director seems to have argued that a geographic reference in the statute under scrutiny “does not automatically” preclude its construction as a limitation on jurisdiction. (Quoting Hawaiian Tel. Co. v. Agsalud, 67 Haw. 39, 40, 675 P.2d 777, 778 (1984).)

On July 9, 2004, the circuit court conducted a hearing on the director’s motion to dismiss, the transcript of which is not in the record, cf. Hawaii Rule of Appellate Procedure 10(a) (“The record on appeal shall consist of ...: ... (4) the transcripts prepared for the record on appeal ....”) (emphasis added). In its July 21, 2004 order, the circuit court denied the director’s motion. The circuit comí proceeded to the merits and, on January 3, 2005, granted the director’s December 2, 2004 motion for summary judgment, and denied HHIA’s October 1, 2004 motion for summary judgment. Accordingly, on March 28, 2005, after disposing of HHIA’s motion for reconsideration, the circuit court entered final judgment in favor of the Appel-lees and against HHIA and dismissed all other claims and parties. On April 26, 2005, HHIA filed its notice of appeal.

II. STANDARDS OF REVIEW

A. Subject Matter Jurisdiction

Inasmuch as we are guided by the principle that, “[i]f a court lacks jurisdiction over the subject matter of a proceeding, any judgment rendered in that proceeding is invalid [and that,] therefore, [91]*91such a question is valid at any stage of the ease, ... [we ... are] obliged to first [e]nsure that [the circuit court] ha[d subject matter] jurisdietion.[”]

Tamashiro v. Dep’t of Human Servs., 112 Hawai'i 388, 398-99, 146 P.3d 103, 113-14 (2006) (some brackets in original and some added) (quoting Bush v.

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HAWAII HOME INFUSION ASSOCIATES v. Befitel
157 P.3d 526 (Hawaii Supreme Court, 2007)

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Bluebook (online)
157 P.3d 526, 114 Haw. 87, 2007 Haw. LEXIS 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawaii-home-infusion-associates-v-befitel-haw-2007.