Wilmington Savings Fund Society, FSB v. Frederick

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-MAY-2025
07:48 AM
Dkt. 157 SO

NO. CAAP-XX-XXXXXXX

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

WILMINGTON SAVINGS FUND SOCIETY, FSB, as Owner Trustee of the
Residential Credit Opportunities Trust VI-A, Plaintiff-Appellee,
v.
WILLIAM HALEMANO FREDERICK, Defendant-Appellant,
and
UNITED GUARANTY RESIDENTIAL INSURANCE COMPANY OF NORTH CAROLINA;
FEDERAL HOME LOAN MORTGAGE CORPORATION, Defendants-Appellees,
and
DOES 1 through 20, Inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC171001439)

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

This appeal arises out of an order confirming a
foreclosure sale. We affirm.
Self-represented Defendant-Appellant William Halemano
Frederick (Frederick) appeals from the Circuit Court of the
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

First Circuit's (Circuit Court) 1 August 7, 2022 "Order Approving
Commissioner's Report and Granting [Plaintiff-Appellee MTGLQ
Investors, L.P. (MTGLQ)]'s Motion for Confirmation of
Foreclosure Sale, Allowance of Costs, Commissions and Fees,
Distribution of Proceeds, Directing Conveyance and for Writ of
Possession/Ejectments, Filed May 12, 2022" (Confirmation Order)
and Judgment.
Frederick's Opening Brief is difficult to follow, does
not contain points of error, and fails to comply with Hawai‘i

Rules of Appellate Procedure (HRAP) Rule 28 in multiple
respects. See HRAP Rule 28 (b)(1), (b)(3), (b)(4), (b)(5),
(b)(7), (b)(9). We liberally interpret pleadings prepared by
self-represented parties to promote access to justice despite
their non-compliance with court rules, to the extent their
arguments can reasonably be discerned. See Erum v. Llego,
147 Hawai‘i 368, 380-81, 465 P.3d 815, 827-28 (2020); Wagner v.

World Botanical Gardens, Inc., 126 Hawai‘i 190, 193, 268 P.3d
443, 446 (App. 2011). Frederick's Opening Brief, however, does
not set forth discernible legal argument challenging the
Confirmation Order or Judgment, and the arguments that are
somewhat discernible are not supported by citations to relevant
authority.
The record also reflects that Frederick did not file
an opposition to MTGLQ's Motion to Confirm Sale, and his
challenge on appeal to the Order Confirming Sale is waived. See
Cnty. of Hawai‘i v. C & J Coupe Fam. Ltd. P'ship, 119 Hawai‘i 352,
373, 198 P.3d 615, 636 (2008) ("Generally, the failure to raise
an issue at the trial level precludes a party from raising that
issue on appeal." (citation omitted)).

1 The Honorable Jeannette H. Castagnetti presided.

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

Further, to the extent that Frederick's Opening Brief
purports to challenge the Circuit Court's July 19, 2023 order
dismissing his June 2, 2022 "Bill of Complaint," Frederick did
not give notice of such in his September 6, 2022 Notice of
Appeal, and the Circuit Court's July 19, 2023 order and judgment
granting MTGLQ's motion to dismiss are not included in the
Record on Appeal. See HRAP Rule 3(c)(2) ("The notice of appeal
shall designate the judgment, order, or part thereof and the
court or agency appealed from."). This court also lacks
jurisdiction to review the dismissal of the Bill of Complaint,
which is not unique to the confirmation of sale proceeding. See
HawaiiUSA Fed. Credit Union v. Monalim, 147 Hawai‘i 33, 41,

464 P.3d 821, 829 (2020) (noting that an appeal under Hawaii
Revised Statutes § 667-51(a)(2) (2016) from a Hawai‘i Rules of
Civil Procedure Rule 54(b) judgment on an order confirming a
foreclosure sale brings up for review issues "'unique' to the
confirmation of sale").
For the foregoing reasons, the Confirmation Order and
Judgment, both filed and entered on August 7, 2022 by the
Circuit Court of the First Circuit, are affirmed.
DATED: Honolulu, Hawai‘i, May 23, 2025.
On the briefs:
/s/ Katherine G. Leonard
William Halemano Frederick
Acting Chief Judge
Self-represented Defendant-
Appellant.
/s/ Karen T. Nakasone
Associate Judge
Justin S. Moyer,
for Plaintiff-Appellee.
/s/ Kimberly T. Guidry
Associate Judge

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