Electronically Filed
Supreme Court
SCWC-12-0000870
06-NOV-2015
09:45 AM
SCWC-12-0000870
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
ASSOCIATION OF CONDOMINIUM HOMEOWNERS OF TROPICS AT WAIKELE,
by its Board of Directors,
Respondent/Plaintiff-Appellee,
vs.
PATSY NAOMI SAKUMA,
Petitioner/Defendant-Appellant,
and
FIRST HAWAIIAN BANK, a Hawai#i corporation; and
WAIKELE COMMUNITY ASSOCIATION, a Hawai#i nonprofit corporation,
Respondents/Defendants-Appellees.
CERITORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-12-0000870; CIV. NO. 07-1-1487)
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI,
VACATING THE INTERMEDIATE COURT OF APPEALS’ JUDGMENT ON APPEAL,
AND REMANDING THE CASE TO THE INTERMEDIATE COURT OF APPEALS
(By: Nakayama, Acting C.J., McKenna, Pollack, and Wilson, JJ.
and Circuit Judge Kubo, in place of Recktenwald, C.J, recused)
On September 28, 2015, Petitioner/Defendant-Appellant
Patsy Naomi Sakuma (Sakuma) filed an application for a writ of
certiorari seeking review of the Intermediate Court of Appeals’
(ICA) September 23, 2015 judgment on appeal. Although it is
understandable that the ICA presumed it had jurisdiction and
addressed Sakuma’s appeal after the majority’s opinion in Ass’n
of Condo. Homeowners of Tropics at Waikele ex rel. Bd. of Dirs.
v. Sakuma, 131 Hawai#i 254, 318 P.3d 94 (2013) was issued, our
recent decision in Deutsche Bank Nat’l Trust Co. v. Amasol, 135
Hawai#i 357, 351 P.3d 584 (2015) clarified that the ICA did not
have jurisdiction to hear the appeal. Therefore,
IT IS HEREBY ORDERED that the application for writ of
certiorari is accepted. The ICA’s September 23, 2015 judgment on
appeal is vacated for lack of jurisdiction. The case is remanded
to the ICA with instructions to temporarily remand the case to
the Circuit Court of the First Circuit (circuit court) to enter a
written order disposing of Sakuma’s June 7, 2012 motion for
reconsideration, and direct the circuit court to supplement the
record on appeal with the written order.
DATED: Honolulu, Hawai#i, November 6, 2015.
Patsy N. Sakuma, /s/ Paula A. Nakayama
petitioner pro se
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Michael D. Wilson
/s/ Edward H. Kubo, Jr.
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