Taylor v. Tsuchida

549 P.3d 345, 154 Haw. 260

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 31, 2024
• Docket: CAAP-20-0000477
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 31-MAY-2024 08:12 AM Dkt. 72 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

SCARLETT A. TAYLOR, Plaintiff-Appellant, v. MICHAEL H. TSUCHIDA; MYHRE, TSUCHIDA, RICHARDS & STROM, ATTORNEYS AT LAW, A LAW CORPORATION; DTRIC INSURANCE COMPANY; MICHELLE SAITO, PRESIDENT OF DTRIC; JEFFREY CRABTREE, AS AN INDIVIDUAL; VIRGINIA CRANDALL, AS AN INDIVIDUAL; PATRICIA OHARA, AS AN INDIVIDUAL; MICHAEL K. TANIGAWA, AS AN INDIVIDUAL; JEANNETTE H. CASTAGNETTI, AS AN INDIVIDUAL; RALPH ROSENBERG AS AN INDIVIDUAL; RALPH ROSENBERG COURT REPORTERS, INC.; CRISCENTA GAOIRAN, AS AN INDIVIDUAL, NOT AS AN EMPLOYEE OF STRAUB HOSPITAL MEDICAL RECORDS DEPARTMENT, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Plaintiff-Appellant Scarlett A. Taylor (Taylor), self-

represented, appeals from the June 23, 2020 Final Judgment

(Judgment) entered by the Circuit Court of the First Circuit

(Circuit Court) in favor of Defendants-Appellees Michael H.

Tsuchida; Myhre, Tsuchida, Richards & Storm, Attorneys at Law, a

Law Corporation; DTRIC Insurance Company; Michelle Saito,

President of DTRIC; Jeffrey Crabtree, as an Individual; Virginia NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Crandall, as an Individual; Patricia Ohara, as an Individual;

Michael K. Tanigawa, as an Individual; Jeannette H. Castagnetti,

as an Individual; Ralph Rosenberg, as an Individual; Ralph

Rosenberg Court Reporters, Inc.; Criscenta Gaoiran, as an

Individual, Not as an Employee of Straub Hospital Medical Records

Department (collectively, Appellees).1

Taylor raises three points of error on appeal,

contending that the Circuit Court erred in this case because the

court: (1) did not appropriately set and schedule hearings and meetings; (2) did not put effort into researching her painful

experience, or consider her Complaint; and (3) performed the same

as an unethical lawyer.2

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 Taylor's points of error as follows:

Taylor's points of error do not comply with the Hawai#i

Rules of Appellate Procedure (HRAP) in numerous and important

ways. See, e.g., HRAP Rules 28(b)(4) & (7). We focus on the

important infirmities because they hamper our review of her

appeal. Taylor does not include any citations to the record,

including where she contends that the Circuit Court erred and

where she raised her argument or objection in the trial court.

1 The Honorable John M. Tonaki presided. 2 Taylor also lists two "Questions Presented" which appear to be rhetorical in nature.

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

Taylor cites no statutes, rules, cases or other legal authorities

supporting her contention that she is entitled to relief from the

Judgment. Most fundamentally, Taylor makes no cogent argument

that the Circuit Court erred in entering the Judgment against

her.

Hawai#i courts have long adhered to the policy of

affording litigants the opportunity to be heard on the merits

whenever possible. Morgan v. Planning Dep't, Cty. Of Kauai, 104

Hawai#i 173, 180-81, 86 P.3d 982, 989-90 (2004) (citing O'Connor v. Diocese of Honolulu, 77 Hawai#i 383, 386, 885 P.2d 361, 364

(1994)). In view of this longstanding policy, self-represented

litigants like Taylor do not automatically have their access to

appellate review foreclosed because of failure to conform to

requirements of the procedural rules. See id. In that light, we

have carefully reviewed Taylor's arguments to the extent they can

be discerned. We nevertheless conclude that they are without

merit.

For these reasons, the Circuit Court's June 23, 2020

Judgment is affirmed.

DATED: Honolulu, Hawai#i, May 31, 2024.

On the briefs: /s/ Katherine G. Leonard Acting Chief Judge Scarlett A. Taylor, Plaintiff-Appellant Pro Se. /s/ Keith K. Hiraoka Associate Judge Michael H. Tsuchida, (Myhre, Tsuchida, Richards & /s/ Sonja M.P. McCullen Storm), Associate Judge for Defendants-Appellees MICHAEL H. TSUCHIDA and MYHRE TSUCHIDA RICHARDS & STORM.