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Mizukami v. Don Quijote (USA) Co., Ltd.

Intermediate Court of Appeals of Hawai'i

March 24, 2015

CAROLYN MIZUKAMI, Plaintiff-Appellant,
v.
DON QUIJOTE (USA) COMPANY, LTD. and DTRIC INSURANCE COMPANY, LTD., Defendants-Appellees, and DOES 1-10, Defendant

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT. CIVIL NO. 12-1-3273.

Carolyn Mizukami, Plaintiff-Appellant Pro se.

Richard B. Miller, Patricia Kehau Wall, (Tom Petrus & Miller), for Defendants-Appellees.

By: Foley, Presiding J., Fujise and Reifurth, JJ.

SUMMARY DISPOSITION ORDER

Plaintiff-Appellant Carolyn Mizukarai (Mizukami) appeals from a Circuit Court of the First Circuit[1] (circuit court) Hawai'i Rules of Civil Procedure (HRCP) Rule 54(b) certified judgment in favor of Defendant-Appellee DTRIC Insurance Company, Ltd. (DTRIC).

On December 21, 2012, Mizukami filed a Complaint against Defendant-Appellee Don Quijote (USA) Co. Ltd. (Don Quijote), and DTRIC for personal injuries that she allegedly suffered on the premises of a grocery store.

On January 10, 2013, Don Quijote filed an answer to Mizukami's Complaint, and on January 14, 2013, filed a motion to dismiss Mizukami's Complaint.

On January 28, 2013, Mizukami filed a statement that Glenn Mizukami was appearing in this case as her attorney in fact. On February 1, 2013, Don Quijote and DTRIC filed an objection to Mizukami's statement.

On February 28, 2013, the circuit court entered an interlocutory order sustaining Don Quijote and DTRIC's objection to Glenn Mizukami as the attorney in fact for Mizukami. This interlocutory order declares that Glenn Mizukami is not licensed to practice law, and that he shall not appear on behalf of Mizukami before the circuit court or in any pleadings in this case.

On March 28, 2013, Mizukami filed a notice of appeal under appellate case no. CAAP-13-0000385 from the February 28, 2013 interlocutory order sustaining Don Quijote and DTRIC's objection to Glenn Mizukami as her attorney in fact. On May 16, 2013, this court entered an order dismissing this case for lack of appellate jurisdiction.

On August 21, 2013, the circuit court entered an order granting DTRIC's January 14, 2013 motion to dismiss Mizukami's Complaint (Dismissal Order).

On October 17, 2013, the circuit court entered an HRCP Rule 54(b) certified judgment in favor of DTRIC (DTRIC Judgment) and against Mizukami as to all claims in Mizukami's Complaint. The DTRIC Judgment ...


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