PNC Bank, National Association v. Reyna

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-JUN-2020
09:10 AM

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

PNC BANK, NATIONAL ASSOCIATION, Plaintiff-Appellee, v.
HERMA B. MEDINA REYNA, Defendant-Appellant,
WILMINGTON TRUST NATIONAL ASSOCIATION, NOT IN ITS INDIVIDUAL
CAPACITY BUT SOLELY AS TRUSTEE UNDER THE GREENWICH INVESTORS XL
PASS-THROUGH TRUST AGREEMENT DATE AS OF MARCH 1, 2012;
CAPSTONE FUNDING GROUP INC, Defendants-Appellees, and,
DOES 1 through 20, inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 2CC151000224(3))

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
(By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.)

Upon review of the record, it appears that we lack
appellate jurisdiction over Defendant-Appellant Herma B. Medina
Reyna's (Medina Reyna) appeal in case number CAAP-XX-XXXXXXX from
the Honorable Joseph E. Cardoza's (1) December 10, 2019 order
granting commissioner's motion to conduct auction without holding
open houses, and (2) December 10, 2019 order denying Medina
Reyna's motion for reconsideration of the order granting
commissioner's motion to conduct auction without holding open
houses. These two interlocutory orders in the ongoing
foreclosure proceeding, Civil No. 15-1-0224(3), are not yet
eligible for appellate review.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

When an aggrieved party desires to assert an appeal in
a foreclosure case, Hawaii Revised Statutes (HRS) § 667-51(a)
(2016) authorizes the party to assert an appeal from three
different parts of the foreclosure case:
§667-51 Appeals. (a) Without limiting the class of
orders not specified in section 641-1 from which appeals may
also be taken, the following orders entered in a foreclosure
case shall be final and appealable:

(1) A judgment entered on a decree of foreclosure,
and if the judgment incorporates an order of
sale or an adjudication of a movant's right to a
deficiency judgment, or both, then the order of
sale or the adjudication of liability for the
deficiency judgment also shall be deemed final
and appealable;

(2) A judgment entered on an order confirming the
sale of the foreclosed property, if the circuit
court expressly finds that no just reason for
delay exists, and certifies the judgment as
final pursuant to Rule 54(b) of the Hawaii Rules
of Civil Procedure; and

(3) A deficiency judgment; provided that no appeal
from a deficiency judgment shall raise issues
relating to the judgment debtor’s liability for
the deficiency judgment (as opposed to the
amount of the deficiency judgment), nor shall
the appeal affect the finality of the transfer
of title to the foreclosed property pursuant to
the order confirming sale.

(b) An appeal shall be taken in the manner and within
the time provided by the rules of court.

(Emphases added). Pursuant to HRS § 667-51(a)(1), the circuit
court's July 20, 2017 judgment on the decree of foreclosure was
immediately appealable, but the thirty-day period under
Rule 4(a)(1) of the Hawai#i Rules of Appellate Procedure (HRAP)
for asserting an appeal from that judgment has already expired.
Furthermore, in this appeal, Medina Reyna does not
appeal from a judgment regarding confirming the sale of the
foreclosed property, as set out in HRS § 667-51(a)(2). Absent a
judgment on an order confirming the sale of the foreclosed
property, pursuant to Rule 54(b) of the Hawai#i Rules of Civil
Procedure, the two December 10, 2019 orders are not yet eligible

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

for appellate review. Medina Reyna's appeal is premature and
this court lacks appellate jurisdiction.
Therefore, IT IS HEREBY ORDERED that case number CAAP-
XX-XXXXXXX is dismissed for lack of appellate jurisdiction.
DATED: Honolulu, Hawai#i, June 17, 2020.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Katherine G. Leonard
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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