US Bank National Association v. Amina

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-FEB-2023
07:53 AM
Dkt. 7 ODSLJ
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WMC2,
ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-WMC2,
Plaintiff/Counterclaim Defendant-Appellee, v.
DONNA MAE AMINA, AKA DONNA M. AMINA;
MELVIN KEAKAKU AMINA, AKA MELVIN K. AMINA,
Defendants/Counterclaimants/Third-Party Plaintiffs-Appellants,
and ASSOCIATION OF APARTMENT OWNERS OF 2304 METCALF STREET,
Defendants-Appellees, and NATIONWIDE TITLE CLEARING, INC.;
ALDRIDGE PITE, LLP, Third-Party Defendants-Appellees, and
DOES 1 through 20, inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC181000540)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)
Upon review of the record, it appears that self-
represented Defendants/Third-Party Plaintiffs/Counterclaimants-
Appellants Melvin Keakaku Amina, AKA Melvin K. Amina, and Donna
Mae Amina, AKA Donna M. Amina (Amina Parties) appeal from the
Circuit Court of the First Circuit's May 20, 2022 "Order Denying
[Amina Parties']: (1) Second Motion for More Time to Respond to
Aldridge Pite's Motion for Summary Judgment, Filed April 22,
2022, and (2) Motion to Continue Hearing on Aldridge Pite's
Motion for Summary Judgment" (5/20/22 Order), its July 11, 2022
"Amended Final Judgment Regarding Order Granting: (1) Third-Party
Defendant Aldridge Pite, LLP's Motion for Summary Judgment on
[Amina Parties'] Third-Party Complaint Filed May 21, 2019, Filed
Herein on January 25, 2022 ('AP's MSJ'); and (2) Third-Party
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Defendant Nationwide Title Clearing, LLC, F/K/A Nationwide Title
Clearing, Inc.'s Substantive Joinder to AP's MSJ, Filed
February 17, 2022" (7/11/22 Amended Judgment), and its purported
"oral [o]rder dated December 13, 2022, to appear by Zoom at the
summary judgment hearing at 8:30 a.m. on Wednesday" (Purported
Oral Order).
Assuming, arguendo, that an appeal from the 7/11/22
Amended Judgment would bring up for review the 5/20/22 Order, the
Amina Parties nonetheless failed to file the December 9, 2022
Notice of Appeal within thirty days after entry of the 7/11/22
Amended Judgment, as required by Hawai i Rules of Appellate
Procedure (HRAP) Rule 4(a)(1). See HRAP Rule 26(e) ("The
reviewing court for good cause shown 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."); Narmore v.
Kawafuchi, 112 Hawai i 69, 81, 143 P.3d 1271, 1283 (2006) ("The
requirement that a party timely file a notice of appeal has been
held to be jurisdictional by this court.").
The Purported Oral Order referenced in the Amina
Parties' December 13, 2022 Notice of Appeal does not appear in
the underlying record. In any event, "a minute order is not an
appealable order." Abrams v. Cades, Schutte, Fleming & Wright,
88 Hawai i 319, 321 n.3, 966 P.2d 631, 633 n.3 (1998).
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai i, February 23, 2023.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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