U.S. Bank National Association v. Chun

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-APR-2021 09:45 AM Dkt. 32 OGMD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE CERTIFICATEHOLDERS CITIGROUP MORTGAGE LOAN TRUST INC. ASSET- BACKED PASS-THROUGH CERTIFICATES SERIES 2007-AHL3, Plaintiff/Counterclaim Defendant-Appellee, v. PHYLLIS KEHAULANI DUNCAN CHUN; Defendant/Counterclaim Plaintiff-Appellant, and ARROW FINANCIAL SERVICES, LLC; Defendant-Appellee, and JOHN and MARY DOES 1-20; DOE PARTNERSHIPS, CORPORATIONS, OR OTHER ENTITIES 1-20, Defendants-Appellees APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC141002192) ORDER GRANTING MOTION TO DISMISS APPEAL (By: Hiraoka, Presiding Judge, Wadsworth and Nakasone, JJ.) Upon consideration of the Motion to Dismiss Appeal (Motion), filed March 29, 2021, by Plaintiff/Counterclaim Defendant-Appellee U.S. Bank National Association, the papers in support, and self-represented Defendant/Counterclaim Plaintiff- Appellant Phyllis Kehaulani Duncan Chun's (Chun) opposition filed April 6, 2021,1 and the record, it appears we lack appellate jurisdiction over Chun's appeal from the Circuit Court of the First Circuit's (circuit court) interlocutory December 17, 2020 "Order Denying [Chun's] Motion for Summary Judgment" (Order), in Civil No. 1CC141002192, because the circuit court has not entered a final, appealable judgment. 1 Chun's opposition was filed a day late. See Hawai #i Rules of Appellate Procedure Rules 26(a) & 27(a). NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER An aggrieved party typically cannot obtain appellate review of a circuit court's interlocutory orders in a civil case, under Hawaii Revised Statutes (HRS) § 641-1(a) (2016), until the circuit court has reduced its dispositive rulings to an appealable, final judgment under Hawai#i Rules of Civil Procedure (HRCP) Rule 58. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994) ("An appeal may be taken from circuit court orders resolving claims against parties only after the orders have been reduced to a judgment and the judgment has been entered in favor of and against the appropriate parties pursuant to HRCP [Rule] 58[.]"). In foreclosure cases, appellate jurisdiction over appeals is further defined by HRS § 667-51 (2016), which provides for appellate jurisdiction over, inter alia, a judgment on a decree of foreclosure. See Bank of America, N.A. v. Reyes-Toledo, 139 Hawai#i 361, 371, 390 P.3d 1248, 1258 (2017). Here, the circuit court has not entered a final, appealable judgment under HRS §§ 641-1(a) or 667-51. Further, the Order does not satisfy the requirements for an exception to the final-judgment requirement as a prerequisite for an appeal under the collateral-order doctrine, the Forgay doctrine, or HRS § 641-1(b) (2016). See Greer v. Baker, 137 Hawai#i 249, 253, 369 P.3d 832, 836 (2016) (reciting the requirements for appeals under the collateral-order doctrine and the Forgay doctrine); HRS § 641-1(b) (requirements for leave to file an interlocutory appeal). Therefore, IT IS HEREBY ORDERED that the Motion is granted and this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, April 30, 2021. /s/ Keith K. Hiraoka Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge 2