Hawaiian Ranchos Road Maintenance Corporation v. Halvorsen

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 9, 2025
• Docket: CAAP-25-0000015
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 09-MAY-2025 08:43 AM Dkt. 49 ORD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION, Plaintiff/Counterclaim Defendant-Appellee, v. JERRY HALVORSEN, Defendant/Counterclaimant-Appellee, and JUDITH BOND, Defendant-Appellee, and LARRY SHELTON; GEORGE CLINE; RAY RAQUINIO; JERRY FINE, Defendants/Counterclaimants-Appellees, and STANLEY TROELLER, Defendant-Appellee, and NANCY BONDURANT, Defendant-Appellant, and DOES 1-10, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC181000222)

ORDER (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.) Upon consideration of Plaintiff/Counterclaim Defendant-

Appellee Hawaiian Ranchos Road Maintenance Corporation's

(Hawaiian Ranchos) April 2, 2025 Motion to Dismiss Appeal for

Lack of Appellate Jurisdiction, the papers in support and in

opposition, and the record, it appears that:

(1) Self-represented Defendant/Counterclaimant-

Appellant Nancy Bondurant (Bondurant) appeals from the following

orders entered by the Circuit Court of the Third Circuit on

October 15, 2024: (a) the Order Denying Defendant Nancy

Bondurant's Motion to Stay Proceedings (Stay Order), (b) the

Order Granting Plaintiff Hawaiian Ranchos Road Maintenance NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Corporation's Motion for Sanctions Against Nancy Bondurant

Pursuant to HRCP Rule 11 (Sanctions Order), and (c) the Order

Denying Defendant Nancy Bondurant's Motion to Discharge

Improperly Issued Second Amended [Proposed] Writ of Execution as

to Defendant Nancy Bondurant, dkt. #609 and Signed Order, dkt.

#611 (Writ Order);

(2) Hawaiian Ranchos seeks dismissal of the appeal for

lack of jurisdiction because, among other things, the Sanctions

Order is not appealable under the collateral order doctrine, 1 and

the appeals from the Stay Order and Writ Order are moot; 2

(3) A Final Judgment was entered in the underlying case

on September 6, 2022, and a post-judgment order is appealable

under Hawai i Revised Statutes § 641–1(a) (2016) if it disposes

of all issues raised in a post-judgment motion, Ditto v. McCurdy,

103 Hawai i 153, 158, 80 P.3d 974, 979 (2003); accordingly, we

conclude we have appellate jurisdiction over the Sanctions Order;

(4) Bondurant has already obtained a stay of the

underlying proceedings pending the appeal in related case CAAP-

XX-XXXXXXX;3 accordingly, we conclude the appeal from the Stay

Order is moot; and

(5) Hawaiian Ranchos fails to cite authority for its

argument that the appeal from the Writ Order is moot because the

Circuit Court subsequently entered a new writ of execution that

1 See Greer v. Baker, 137 Hawai i 249, 254, 369 P.3d 832, 837 (2016) (setting out the requirements for an appeal under the collateral order doctrine). 2 See Hamilton ex rel. Lethem v. Lethem, 119 Hawai i 1, 5, 193 P.3d 839, 843 (2008) (setting forth the elements of the mootness doctrine). 3 See Order Granting Motion for Stay, CAAP-XX-XXXXXXX docket no. 212.

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

purportedly supersedes the writ Bondurant challenged;

accordingly, we will deny the request to dismiss the appeal from

the Writ Order without prejudice to Hawaiian Ranchos raising the

issue in its answering brief.

Therefore, IT IS HEREBY ORDERED that the motion is

granted in part and denied in part as follows:

1. The appeal is dismissed in part, but only to the

extent Bondurant seeks relief from the October 15, 2024 Order

Denying Defendant Nancy Bondurant's Motion to Stay Proceedings.

2. All other relief requested is denied without

prejudice.

DATED: Honolulu, Hawai i, May 9, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Sonja M.P. McCullen Associate Judge