Gross v. US Bank National Association

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-APR-2025
07:56 AM
Dkt. 54 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CHRISTINA M. GROSS, Plaintiff-Appellant, and
JEFFREY GROSS, Plaintiff-Appellee, v.
US BANK NATIONAL ASSOCIATION,
AS TRUSTEE FOR CSMC, Defendant-Appellee, and
JANE DOES 1-10; JOHN DOES 1-10, Defendants

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CASE NO. 3DRC-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Acting Chief Judge, McCullen and Guidry, JJ.)
Upon review of the record in CAAP-XX-XXXXXXX and
3DRC-XX-XXXXXXX,1 it appears that:
(1) Self-represented Plaintiff-Appellant Christina
Gross (Gross) filed the March 7, 2025 Notice of Appeal, which
appeals the September 6, 2024 "Findings of Fact, Conclusions of
Law, and Order Granting Defendant US Bank National Association as
Trustee for CSMC Mortgaged-Back Pass-Through Certificate, Series
2006-2's Motion for Summary Judgment, Filed May 14, 2024 (Dkt.
28)" (September 6, 2024 Order), and the September 6, 2024
Judgment entered by the District Court of the Third Circuit.
(2) Hawaii Revised Statutes § 641-1(a) (2016) permits
appeals in civil matters only from "final judgments, orders, or

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The court takes judicial notice of the record in 3DRC-XX-XXXXXXX.
Hawai‘i Rules of Evidence Rule 201.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

decrees of circuit and district courts . . . ." Hawai‘i Rules of
Appellate Procedure (HRAP) Rule 4(a)(1) states "[w]hen a civil
appeal is permitted by law, the notice of appeal shall be filed
within 30 days after entry of the judgment or appealable order."
(3) The March 7, 2025 Notice of Appeal is untimely
under HRAP Rule 4(a)(1) because it was filed more than thirty
days after the entry of the September 6, 2024 Order and
September 6, 2024 Judgment, which were appealable final orders.
The record indicates the thirty-day deadline was not tolled by a
post-judgment motion under HRAP Rule 4(a)(3), or extended by the
district court under HRAP Rule 4(a)(4).
(4) Gross filed in this court a March 24, 2025 Motion
for an Extension of Time, which appears to seek relief from the
untimely March 7, 2025 Notice of Appeal. HRAP Rule 26(b)
provides that "no court or judge or justice is authorized to
change the jurisdictional requirements contained in Rule 4 of
these rules," and HRAP Rule 26(b)(e) states the court "may
relieve a party from a default occasioned by any failure to
comply with these rules, except the failure to give timely notice
of appeal."
(5) "As a general rule, compliance with the requirement
of the timely filing of a notice of appeal is jurisdictional, and
we must dismiss an appeal on our motion if we lack jurisdiction."
Ditto v. McCurdy, 103 Hawai‘i 153, 157, 80 P.3d 974, 978 (2003)
(quotation marks and citation omitted).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai‘i, April 22, 2025.
/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge

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