Ally Bank v. Hochroth, 010419 HIICA, CAAP-18-0000676

Docket Nº: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
 
FREE EXCERPT

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

No. CAAP-18-0000676

Intermediate Court of Appeals of Hawaii

January 4, 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NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER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...

To continue reading

FREE SIGN UP