NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-0000067

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR

J.P. MORGAN MORTGAGE ACQUISITION TRUST 2006-WMC2,

ASSET BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-WMC2,

Plaintiff/Counterclaim Defendant-Appellee, v.

DONNA MAE AMINA, AKA DONNA M. AMINA;

MELVIN KEAKAKU AMINA, AKA MELVIN K. AMINA,

Defendants/Counterclaimants/Third-Party Plaintiffs-Appellants,

and ASSOCIATION OF APARTMENT OWNERS OF 2304 METCALF STREET,

Defendants-Appellees, and NATIONWIDE TITLE CLEARING, INC.;

ALDRIDGE PITE, LLP, Third-Party Defendants-Appellees, and

DOES 1 through 20, inclusive, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CC181000540)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)

Upon review of the record, it appears that selfrepresented Defendants/Third-Party Plaintiffs/CounterclaimantsAppellants Melvin Keakaku Amina, AKA Melvin K. Amina, and Donna

Mae Amina, AKA Donna M. Amina (Amina Parties) appeal from the

Circuit Court of the First Circuit's May 20, 2022 "Order Denying

[Amina Parties']: (1) Second Motion for More Time to Respond to

Aldridge Pite's Motion for Summary Judgment, Filed April 22,

2022, and (2) Motion to Continue Hearing on Aldridge Pite's

Motion for Summary Judgment" (5/20/22 Order), its July 11, 2022

"Amended Final Judgment Regarding Order Granting: (1) Third-Party

Defendant Aldridge Pite, LLP's Motion for Summary Judgment on

[Amina Parties'] Third-Party Complaint Filed May 21, 2019, Filed

Herein on January 25, 2022 ('AP's MSJ'); and (2) Third-Party

Electronically Filed

Intermediate Court of Appeals

CAAP-23-0000067

23-FEB-2023

07:53 AM

Dkt. 7 ODSLJ
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Defendant Nationwide Title Clearing, LLC, F/K/A Nationwide Title

Clearing, Inc.'s Substantive Joinder to AP's MSJ, Filed

February 17, 2022" (7/11/22 Amended Judgment), and its purported

"oral [o]rder dated December 13, 2022, to appear by Zoom at the

summary judgment hearing at 8:30 a.m. on Wednesday" (Purported

Oral Order).

Assuming, arguendo, that an appeal from the 7/11/22

Amended Judgment would bring up for review the 5/20/22 Order, the

Amina Parties nonetheless failed to file the December 9, 2022

Notice of Appeal within thirty days after entry of the 7/11/22

Amended Judgment, as required by Hawai i Rules of Appellate

Procedure (HRAP) Rule 4(a)(1). See HRAP Rule 26(e) ("The

reviewing court for good cause shown may relieve a party from a

default occasioned by any failure to comply with these rules,

except the failure to give timely notice of appeal."); Narmore v.

Kawafuchi, 112 Hawai i 69, 81, 143 P.3d 1271, 1283 (2006) ("The

requirement that a party timely file a notice of appeal has been

held to be jurisdictional by this court."). 

 The Purported Oral Order referenced in the Amina

Parties' December 13, 2022 Notice of Appeal does not appear in

the underlying record. In any event, "a minute order is not an

appealable order." Abrams v. Cades, Schutte, Fleming & Wright,

88 Hawai i 319, 321 n.3, 966 P.2d 631, 633 n.3 (1998).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai i, February 23, 2023.

/s/ Clyde J. Wadsworth

Presiding Judge

/s/ Karen T. Nakasone

Associate Judge

/s/ Derrick H.M. Chan

Associate Judge 

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