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NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
10-JUN-2026
08:44 AM
Dkt. 39 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I

STATE OF HAWAI‘I, Plaintiff-Appellee,
v.
EDWARD DEPLAE II, Defendant-Appellee,
and
ALL IN ONE BONDING, Real Party in Interest-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CPC-XX-XXXXXXX)

SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Leonard and Wadsworth, JJ.)

This appeal involves a surety's challenge to the
circuit court's denial of its motion to set aside bail
forfeiture. We affirm.
Real Party in Interest-Appellant All in One Bonding
(All in One) appeals from the June 25, 2024 "Order Denying
Motion to Set Aside Bail Forfeiture, Reinstate Then Discharge
Bond" (Denial Order), filed by the Circuit Court of the First
Circuit (Circuit Court).1

1 The Honorable Trish K. Morikawa presided.
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

On appeal, All in One contends the Circuit Court
"abused its discretion when it failed to notice the Judgment and
Order of Forfeiture of Bail Bond on February 10, 2022
[(Forfeiture Judgment)] as Defendant was already in State's
custody and is void."
Upon careful review of the record and the briefs
submitted by the parties and having given due consideration to
the arguments advanced and the issues raised, we resolve All in
One's point of error as follows.
On July 2, 2021, All in One posted a $30,000.00 bail
bond on behalf of Defendant-Appellee Edward Deplae II (Deplae)
in criminal case 1CPC-XX-XXXXXXX. When Deplae failed to appear
for a February 8, 2022 trial call, the circuit court issued a
bench warrant for Deplae's arrest and ordered a forfeiture of
his bail bond.2
On February 10, 2022, Deplae was arrested and taken
into custody. Also on February 10, 2022, the circuit court
entered its Forfeiture Judgment, and Plaintiff-Appellee State of
Hawaiʻi (State) notified All in One via certified mail that
Deplae's bail bond had been forfeited, and enclosed a copy of
the Forfeiture Judgment. The proof of service shows the notice
was delivered to All in One on February 16, 2022.
More than two years later, on April 30, 2024, All in
One filed its "Motion to Set Aside Bail Forfeiture, Reinstate
Then Discharge Bond" (Motion). All in One conceded that it had
received the notice of forfeiture on February 16, 2022 and that
it did not "timely" file the Motion under Hawaii Revised

2 The Honorable Shirley M. Kawamura issued the bench warrant and
entered the Forfeiture Judgment.

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Statutes (HRS) § 804-51,3 but argued "the Motion [was] certainly
timely as Defendant was already in custody at the time of the
bail forfeiture judgment filing."
The Circuit Court heard and orally denied the Motion
on June 6, 2024. The Circuit Court's June 25, 2024 Denial Order
concluded it lacked jurisdiction because All in One's Motion
"was filed untimely, more than thirty days after [All in One]
received notice of the bail bond forfeiture by certified mail."
"[A] lower court's order denying relief from a
judgment of bail bond forfeiture on grounds that a surety has
not, as required by HRS § 804-51, shown 'good cause why
execution should not issue upon the judgment' is reviewed for
abuse of discretion." State v. Flores, 88 Hawaiʻi 126, 130,
962 P.2d 1008, 1012 (App. 1998) (citing State v. Ranger Ins. Co.
By & Through James Lindblad (A-1 Bail Bonds), 83 Hawaiʻi 118,
122-24, 925 P.2d 288, 292-94 (1996)).
"[O]nce a bond is forfeited pursuant to HRS § 804-51,
a surety has thirty days from the time it receives notice of
forfeiture to set aside the forfeiture judgment[.]" State v.
Vaimili, 131 Hawaiʻi 9, 15, 313 P.3d 698, 704 (2013).
Specifically, "the surety is given thirty days to file a motion
showing good cause as to why the judgment should not be
executed[.]" Id. After the "closing of the thirty-day
window[,]" HRS § 804-51 does not permit the filing of any
motion. Ranger Ins. Co., 83 Hawaiʻi at 124 n.5, 925 P.2d at 294
n.5. A circuit court is "without power to consider" a motion to

3 HRS § 804-51 (2014), provides for the immediate execution of bail
bond forfeitures thirty days after the surety is given notice of the
forfeiture, unless a timely motion is "filed with the court" "before the
expiration of thirty days from the date notice is given to the surety . . .
showing good cause why execution should not issue upon the judgment[.]"

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set aside a forfeiture that is "not filed within the time limit
imposed by HRS § 804-51[.]" Id.
Here, All in One filed its Motion on April 30, 2024,
more than two years after it had received notice of the
Forfeiture Judgment on February 16, 2022. The fact that Deplae
was in custody during the thirty-day period following the notice
of forfeiture did not excuse All in One from filing a timely
motion to set aside pursuant to HRS § 804-51. See State v.
Clarkson, No. CAAP-XX-XXXXXXX, 2016 WL 2940854, at *2 (Haw. App.
May 10, 2016) (SDO) (holding that the circuit court lacked
jurisdiction to consider a motion to set aside a forfeiture
judgment that was filed after the expiration of the thirty-day
deadline, even though the principal was back in custody before
the deadline had passed). All in One cites no authority
supporting its argument that the Circuit Court should have
exercised its "inherent power and authority to . . . 'promote
[f]air process'" by striking the bail forfeiture order "sua
sponte, as the Defendant was already in States [sic] custody."
All in One presents no argument as to why the Circuit Court's
refusal, under HRS § 804-51, to consider a motion to set aside
filed more than thirty days after receipt of notice of
forfeiture, constitutes an unfair process or abuse of
discretion. See HRAP Rule 28(b)(7) ("Points not argued may be
deemed waived.").
We conclude the Circuit Court was within the scope of
its discretion to deny All in One's Motion, and it correctly
concluded it lacked the power to consider the untimely Motion.
See Flores, 88 Hawaiʻi at 130, 962 P.2d at 1012; Clarkson, 2016
WL 2940854, at *2.

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For the foregoing reasons, we affirm the Circuit Court
of the First Circuit's June 25, 2024 Denial Order.
DATED: Honolulu, Hawai‘i, June 10, 2026.
On the briefs:
/s/ Karen T. Nakasone
Anthony T. Fujii,
Chief Judge
for Real Party in Interest-
Appellant.
/s/ Katherine G. Leonard
Associate Judge
Steve A. Bumanglag,
Deputy Attorney General,
/s/ Clyde J. Wadsworth
for Plaintiff-Appellee.
Associate Judge