NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
01-MAY-2024
08:07 AM
Dkt. 97 ODSLJ
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
1900 CAPITAL TRUST III, BY US BANK TRUST NATIONAL
ASSOCIATION, NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS
CERTIFICATE TRUSTEE, Plaintiff-Appellee,
v.
PAUL A. GARCIA; KIRAH-SHANTEL GARCIA; KEANE BOBBY BRAUN,
Defendants-Appellants; CAPITAL ONE BANK (USA), N.A.;
ASSET ACCEPTANCE, LLC; ASSOCIATION OF APARTMENT OWNERS
OF KAWAIKINI ESTATES; Defendants-Appellees,
and
JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE
ENTITIES 1-20; and DOE GOVERNMENTAL UNITS 1-20, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CC151000158)
ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, McCullen and Guidry, JJ.)
Upon review of the record, it appears that:
1. The Complaint for Mortgage Foreclosure against
Defendants-Appellants Paul Allen Garcia, Kirah-Shantel Garcia,
and Keane Bobby Braun was filed on November 5, 2015, in the
Circuit Court of the Fifth Circuit;
2. The circuit court entered a Foreclosure Judgment
against Defendants-Appellants on June 27, 2019;
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
3. Defendants-Appellants did not file a post-judgment
motion tolling the time to appeal from the Foreclosure Judgment
under Hawai#i Rules of Appellate Procedure (HRAP) Rule 4(a)(3),
or a notice of appeal from the Foreclosure Judgment within the
time required by HRAP Rule 4(a)(1);
4. The circuit court entered a Judgment Confirming
Foreclosure Sale on February 6, 2023;
5. Defendants-Appellants did not file a post-judgment
motion tolling the time to appeal from the Judgment Confirming
Foreclosure Sale under HRAP Rule 4(a)(3), or a notice of appeal
from the Judgment Confirming Foreclosure Sale within the time
required by HRAP Rule 4(a)(1);
6. Defendants-Appellants filed a "Motion to Void and
Vacate Summary Judgment" on June 23, 2023;
7. Defendants-Appellants filed a "Motion to Vacate a
Void Judgment" on June 27, 2023;
8. The circuit court entered orders denying
Defendants-Appellants' June 23, 2023 motion and June 27, 2023
motion on March 22, 2024;
9. Defendants-Appellants did not file a notice of
appeal from either of the March 22, 2024 orders within the time
required by HRAP Rule 4(a)(1), and no extension of time was
sought or granted;
10. Defendants-Appellants, representing themselves,
filed their "Notice of Appeal and Informal Brief" creating CAAP-
XX-XXXXXXX on September 20, 2023;
11. Defendants-Appellants purport to appeal from "the
(a) denial of the reconsideration, and (b) appeal of the denial
and unfavorable rulings in the first instance on every motion
submitted and the final dispositive motions determinations"; and
12. Defendants-Appellants' Notice of Appeal is
untimely. HRAP Rule 4(a)(1).
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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Therefore, IT IS HEREBY ORDERED that this appeal is
dismissed for lack of jurisdiction. All pending motions are
dismissed.
DATED: Honolulu, Hawai#i, May 1, 2024.
/s/ Keith K. Hiraoka
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
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