Ally Bank v. Hochroth, 010419 HIICA, CAAP-18-0000676
|Party Name:||ALLY BANK, Plaintiff/Counterclaim Defendant-Appellee, v. JOHN HOCHROTH, Defendant/Counterclaim Plaintiff-Appellant, and SABINA MYOHYUNG HOCHROTH AKA SABINA MYO-HYUNG HOCHROTH; ISLAND HOME MORTGAGE, LLC, Defendants-Appellees, and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants|
|Judge Panel:||Ginoza, Chief Judge, Fujise and Leonard, JJ.|
|Case Date:||January 04, 2019|
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 16-1-0313-02 JPC)
Ginoza, Chief Judge, Fujise and Leonard, JJ.
ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION
Upon review of (1} the Defendant/Counterclaim-Plaintiff /Appellant John Hochroth's (Hochroth) already pending appeal in CAAP-18-0000465 from the Honorable Jeffrey P. Crabtree's May 4, 2018 amended post-judgment order granting in part and denying in part Plaintiff/ Counterclaim-Defendant/ Appellee Ally Bank's (Ally Bank) February 9, 2018 post-judgment motion for an award of attorneys' fees and costs (the May 4, 2018 amended post-judgment order awarding attorneys' fees and costs), and (2) the record in CAAP-18-0000676, it appears that we lack appellate jurisdiction over Hochroth's appeal in CAAP-18-000067 6 from the Honorable Jeffrey P. Crabtree's essentially duplicative rulings in a July 27, 2018 judgment, purportedly pursuant to Rule 54 (b) of the Hawai'i Rules of Civil Procedure (HRCP), on the very same May 4, 2018 amended post-judgment order awarding attorneys's fees and costs, because the July 27, 2018 HRCP Rule 54(b)-certified judgment was superfluous for the purpose of perfecting John Hochroth's right to obtain appellate review of the rulings within the May 4, 2018 amended post-judgment order awarding attorneys's fees and costs to Ally Bank.
In Civil No. 16-1-0313-02 (JPC), the circuit court entered an October 16, 2017 judgment on a decree of foreclosure in favor of Ally Bank, which Hochroth is appealing in CAAP-17-0000911 pursuant to Hawaii Revised Statutes (HRS) § 667-51(a)(1) (2016). The circuit court also entered a November 20, 2017 HRCP Rule 54(b)-certified judgment in...
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