Palm Avenue Hialeah Trust v. Shane

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-JUN-2025
07:55 AM
Dkt. 19 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

PALM AVENUE HIALEAH TRUST, A DELAWARE STATUTORY TRUST,
FOR AND ON BEHALF AND SOLELY WITH RESPECT TO
PALM AVENUE HIALEAH TRUST, SERIES 2014-1,
Plaintiff/Counterclaim Defendant-Appellee, v.
BETH GOLDBERG SHAINE, in her capacity as Conservator
for Elinor K. Goldberg,
Defendant/Counterclaimant/Third-Party Plaintiff-Appelle,
and
ALBERT M. GOLDBERG,
Defendant/Counterclaimant/Third-Party Plaintiff-Appellant,
and
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.,
AS NOMINEE FOR COUNTRYWIDE HOME LOANS, INC.;
PUALANI ESTATES AT KONA COMMUNITY ASSOCIATION,
Defendants-Appellees,
and
BANK OF AMERICA, N.A.,
Third Party Defendant-Appellee,
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 THIRD CIRCUIT
(CASE NO. 3CC16100281K)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka, Wadsworth, JJ.)
Upon consideration of Plaintiff/Counterclaim
Defendant-Appellee Palm Avenue Hialeah Trust, a Delaware
Statutory Trust, for and on Behalf and Solely with Respect to
Palm Avenue Hialeah Trust, Series 2014-1's (Palm Avenue)
May 13, 2025 Motion for Order Dismissing Appeal, the papers in
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

support, the record, and there being no opposition, it appears
that Palm Avenue seeks dismissal of the appeal filed by
self-represented Defendant/Counterclaimant-Appellant
Albert M. Goldberg (Goldberg) for lack of jurisdiction.
Goldberg appeals from the Circuit Court of the Third
Circuit's January 29, 2025 "Order Granting [Palm Avenue]'s Motion
to Dismiss Defendants/Counterclaimants Elinor K. Goldberg And
Albert M. Goldberg's Counterclaim, Filed January 6, 2017, Filed
Herein on July 7, 2022." The court lacks appellate jurisdiction
because the Circuit Court has not entered a final, appealable
order or judgment, see Hawaii Revised Statutes (HRS) § 641-1(a)
(2016); Hawaii Rules of Civil Procedure Rules 54(b), 58; Jenkins
v. Cades Schutte Fleming & Wright, 76 Hawai i 115, 119, 869 P.2d
1334, 1338 (1994), and the order appealed-from is not
independently appealable under the collateral order or Forgay 1
doctrines, nor has the Circuit Court granted leave for an
interlocutory appeal under HRS § 641-1(b). See Greer v. Baker,
137 Hawai i 249, 253, 369 P.3d 832, 836 (2016) (setting forth the
requirements for appealability under the collateral-order
doctrine and the Forgay doctrine); HRS § 641-1(b) (specifying
requirements for leave to file interlocutory appeal).
Therefore, IT IS HEREBY ORDERED that the motion is
granted, and the appeal is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai i, June 30, 2025.
/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

1
Forgay v. Conrad, 47 U.S. 201 (1848).

2