Association of Apartment Owners of Mokulei Surf v. Barjaktarovic

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
04-SEP-2025
08:05 AM
Dkt. 489 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ASSOCIATION OF APARTMENT OWNERS OF MOKULEIA SURF,
by and through its Board of Directors,
Plaintiff/Counterclaim Defendant-Appellee,
v.
MILICA BARJAKTAROVIC,
Defendant/Counterclaimant-Appellant
and
DOE DEFENDANTS 1-50, Defendants

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

ORDER
(By: Hiraoka, Presiding Judge, and Wadsworth and Guidry, JJ.)

Upon consideration of self-represented Defendant/
Counterclaimant-Appellant Milica Barjaktarovic's (Appellant) (1)
July 8, 2025 "Complaint to Commission on Judicial Conduct and
Petition for Writ of Mandamus to Supreme Court" (Complaint and
Petition); (2) July 8, 2025 "Motion to Expedite Pending Motions
and Disqualify Judges Hiraoka, Wadsworth and Guidry" (Motion to
Expedite and Disqualify); (3) July 22, 2025 "Motion to Recuse
Judges Hiraoka, Wadsworth, Guidry, Leonard, Gi[n]oza, Nakasone,
Ahsford [sic], Cataldo, Tonaki, Souza, Holma,[ e]tc" (Motion to
Recuse); and (4) August 26, 2025 "Motion to Vacate Order to Deny
Appeal (Dkt#473 issued on June 30, 2025)" (Motion to Vacate); the
papers in support, and the record, we resolve the motions and
other matters as follows:
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

1. The Complaint and Petition appears to be directed
to the Commission on Judicial Conduct and the Hawai#i Supreme
Court. This court lacks jurisdiction over the requests made in
the Complaint and Petition, which is therefore dismissed.
2. The Motion to Expedite and Disqualify seeks to
disqualify ICA Judges Keith K. Hiraoka, Clyde J. Wadsworth, and
Kimberly T. Guidry for various asserted reasons. Hawai#i Rules
of Appellate Procedure (HRAP) Rule 5(c) states:

The motion [to disqualify or recuse an appellate judge or
justice] shall concisely state the facts, reasons, and
authority for the requested relief, and shall be supported
by a declaration or affidavit, and any pertinent exhibits,
establishing the asserted facts. The filing party shall, in
the same or a separate declaration or affidavit, also
declare or aver that the motion is made in good faith and
not for purposes of delay.

Here, the declaration accompanying the motion does not comply
with the requirements of HRAP Rule 5(c). Because the motion is
procedurally defective as to the request to disqualify, the court
suspends the requirements of HRAP Rule 5(d) to appoint substitute
judges to resolve the motion, see HRAP Rule 2, and dismisses the
request to disqualify Judges Hiraoka, Wadsworth, and Guidry.
3. The Motion to Expedite and Disqualify also appears
to seek "to expedite pending motions." It is not clear what
motions Appellant seeks to expedite. All pending motions before
this court were resolved in the Summary Disposition Order entered
on June 30, 2025. To the extent Appellant seeks to expedite
motions pending in the Circuit Court of the First Circuit, this
court lacks jurisdiction over Appellant's request, which is
therefore dismissed.
4. The Motion to Recuse seeks to disqualify ICA judges
Karen T. Nakasone, Katherine G. Leonard, Keith K. Hiraoka, Clyde
J. Wadsworth, and Kimberly T. Guidry; the Honorable Lisa M.
Ginoza, formerly Chief Judge of the ICA and currently Associate
Justice of the Hawai#i Supreme Court; and the Honorable James H.
Ashford, Lisa W. Cataldo, John M. Tonaki, Kevin A. Souza, and
Karin L. Holma of the Circuit Court of the First Circuit. The
Motion to Recuse is procedurally defective in that, among other
reasons, the declaration accompanying the motion does not comply
with the requirements of HRAP Rule 5(c). See supra. Because of

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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

these procedural defects, the court suspends the requirements of
HRAP Rule 5(d) to appoint substitute judges to resolve the
motion, see HRAP Rule 2, and dismisses the request to disqualify
the identified judges and justice.
5. The Motion to Vacate appears to be directed to the
Hawai#i Supreme Court. To the extent that it is, this court
lacks jurisdiction over the requests made in the motion, which is
therefore dismissed. To the extent that the Motion to Vacate is
intended to be a motion to this court for reconsideration of the
June 30, 2025 Summary Disposition Order, the motion is denied as
untimely. See HRAP Rule 40(a).
Therefore, IT IS HEREBY ORDERED that the Complaint and
Petition, the Motion to Expedite and Disqualify, the Motion to
Recuse, and the Motion to Vacate are dismissed.

DATED: Honolulu, Hawai#i, September 4, 2025.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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