NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

NO. CAAP-22-0000382

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

WILMINGTON SAVINGS FUND SOCIETY, FSB AS OWNER TRUSTEE OF

THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST V-D,

Plaintiff-Appellee,

v.

DONNALYN M. MOSIER, Defendant-Appellant,

and

BANK OF AMERICAN, N.A.; STATE OF HAWAII DEPARTMENT OF TAXATION;

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; UNITED STATES

OF AMERICA, DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE;

ASSOCIATION OF APARTMENT OWNERS OF ONE WATERFRONT TOWERS,

Defendant-Appellees,

and

JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50;

DOE CORPORATIONS 2-50; DOE ENTITIES 2-50, AND DOE GOVERNMENTAL

UNITS 2-50, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 1CC131000042)

ORDER GRANTING MOTION TO DISMISS APPEAL

(By: Leonard, Acting C.J., and Wadsworth and Nakasone, JJ.)

Upon consideration of the January 16, 2024 motion for

order dismissing appeal (Motion to Dismiss), filed by PlaintiffAppellee Wilmington Savings Fund Society, FSB, as Owner Trustee

of The Residential Credit Opportunities Trust V-D (Wilmington),

the papers in support, the record, and there being no opposition: 

1. Defendant-Appellant Donnalyn M. Mosier (Mosier),

now known as Donnalyn Morgan, appeals from the following orders

Electronically Filed

Intermediate Court of Appeals

CAAP-22-0000382

05-AUG-2024

08:16 AM

Dkt. 52 OGMD
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

and judgment, entered in the Circuit Court of the First Circuit: 

(a) the February 16, 2022 "Findings of Fact, Conclusions of Law

and Order Granting [Wilmington's] Motion for Summary Judgment

Against All Defendants and for Interlocutory Decree of

Foreclosure"; (b) the February 16, 2022 "Judgment"; (c) the June

2, 2022 "Order Denying [Mosier's] Non-Hearing Motion to

Reconsider the Court's 'Findings of Fact, Conclusions of Law and

Order Granting [WilminGton's] Motion for Summary Judgment Against

All Defendants and for Interlocutory Decree of Foreclosure,'

and (2) 'Judgment', Filed February 28, 2022"; and (d) the June 6,

2022 "Order Denying [Mosier's] Non-Hearing Motion to Set Aside

the Clerk's Entry of Default, Filed February 28, 2022." 

2. On January 16, 2024, Wilmington filed the Motion

to Dismiss, by which Wilmington sought dismissal of this appeal

as moot, on the grounds that Mosier did not obtain a stay and the

property at issue (Property) was sold to a third-party, goodfaith purchaser, Thoai Pham (Pham), at the foreclosure sale. 

3. The Motion to Dismiss is supported by a

Declaration of Counsel, which attaches, among other documents: 

(a) a "true and correct copy" of the Circuit Court's July 25,

2023 "Order Confirming Foreclosure Sale, Approving Commissioner's

Report, Allowance of Commissioner's Fees, Attorneys' Fees, Costs,

Directing Conveyance and for Writ of Ejectment" (Confirmation

Order); and (b) a "true and correct certified copy" of a

"Commissioner's Deed," recorded on October 30, 2023, in the State

of Hawai#i Bureau of Conveyances. The Confirmation Order, among

other things, confirms the sale of the Property to Pham or his

nominee; states that Pham is a "good-faith" purchaser"; orders

the Commissioner to convey the Property to Pham or his nominee

upon receipt of the full purchase price; and states that upon

delivery of the conveyance, Pham or his nominee, "as a good-faith

purchaser," is entitled to possession of the Property. The

Commissioner's Deed conveys the property to several grantees

identified as Pham's nominees. 

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4. Mosier filed no response to the Motion to Dismiss.

5. On March 12, 2024, Pham filed a motion for order

for entry of Stipulation to Limit Legal Remedy of [Mosier's]

Appeal, If Any, to Money Damages (Motion re Stipulation). The

stipulation attached to the motion is signed by counsel for

Mosier, Wilmington, and Pham.

6. Under Hawai#i law, mootness is an issue of

justiciability. See State v. Hewitt, 153 Hawai#i 33, 42, 526

P.3d 558, 567 (2023).

7. The mootness doctrine applies "where events

subsequent to the judgment of the trial court have so affected

the relations between the parties that the two conditions for

justiciability relevant on appeal — adverse interest and

effective remedy — have been compromised." Hamilton ex rel.

Lethem v. Lethem, 119 Hawai#i 1, 5, 193 P.3d 839, 843 (2008).

8. We take judicial notice of the Confirmation Order

and the Commissioner's Deed. See HRE Rule 201; State v. Abdon,

137 Hawai#i 19, 26, 364 P.3d 917, 924 (2016) ("The most frequent

use of judicial notice of ascertainable facts is in noticing the

content of court records." (quoting State v. Akana, 68 Haw. 164,

165, 706 P.2d 1300, 1302 (1985))); In re Thomas H. Gentry

Revocable Tr., 138 Hawai#i 158, 171 n.8, 378 P.3d 874, 887 n.8

(2016) (taking judicial notice of a warranty deed transferring

property because the deed was a matter of public record and

easily verifiable); U.S. Bank Trust, N.A. as Trustee for LSF9

Master Participation Trust v. Ass'n of Apartment Owners of

Waikoloa Hills Condominium Phase I, 150 Hawai#i 573, 584 n.12,

506 P.3d 869, 880 n.12 (App. 2022) (taking judicial notice of

commissioner's apartment deed recorded in the Bureau of

Conveyances). 

9. It is undisputed that Mosier did not post a

supersedeas bond or otherwise obtain a stay. the Circuit Court

determined, and Mosier does not dispute, that Pham or his

nominees are third-party, good-faith purchasers of the Property. 

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In these circumstances, no effective relief can be granted to

Mosier with respect to her appeal; it has therefore been rendered

moot. See Bank of New York Mellon v. R. Onaga, Inc., 140 Hawai#i

358, 370, 400 P.3d 559, 571 (2017). 

10. No exceptions to the mootness doctrine apply to

this case.

Therefore, IT IS HEREBY ORDERED that the Motion to

Dismiss is granted, and the appeal is dismissed as moot.

IT IS FURTHER ORDERED that the Motion re Stipulation is

dismissed.

DATED: Honolulu, Hawai#i, August 5, 2024.

/s/ Katherine G. Leonard

Acting Chief Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Karen T. Nakasone

Associate Judge

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