NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-20-0000012

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-20-0000012 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.

Electronically Filed

Intermediate Court of Appeals

CAAP-20-0000012

17-JUN-2020

09:10 AM
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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 CAAP20-0000012 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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