In re: Estate of Stupak

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 31, 2025
• Docket: CAAP-24-0000118
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 31-JAN-2025 10:59 AM Dkt. 125 ODSLJ

NO. CAAP-XX-XXXXXXX (CONSOLIDATED WITH NO. CAAP-XX-XXXXXXX)

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

NO. CAAP-XX-XXXXXXX

IN THE MATTER OF THE ESTATE OF THEODORE STUPAK, DECEASED (CASE NO. 1CLP-XX-XXXXXXX)

AND

IN THE MATTER OF THE THEODORE STUPAK REVOCABLE LIVING TRUST DATED MAY 19, 2005, AS AMENDED AND RESTATED (CASE NO. 1CTR-XX-XXXXXXX)

APPEALS FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

ORDER DIMISSING APPEAL FOR LACK OF JURISDICTION (By: Leonard, Acting C.J., and Wadsworth and McCullen, JJ.) Upon review of the record, it appears that Petitioner/Respondent-Appellant Steven Stupak appeals from the Circuit Court of the First Circuit's March 22, 2024 Order Granting in Part and Denying in Part Petition for Instructions or in the Alternative to Remove Co-Personal Representative Steven Stupak, Filed August 15, 2022, entered in 1CLP-XX-XXXXXXX, and its March 22, 2024 Order Granting in Part and Denying in Part Petition for Instructions or in the Alternative to Remove Successor Co-Trustee Steven Stupak, entered in 1CTR-XX-XXXXXXX (together, March 22, 2024 Orders). The court lacks appellate jurisdiction because the Circuit Court in each case has not entered a final, appealable NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

order or judgment. See Hawaii Revised Statutes (HRS) § 641-1(a) (2016); Hawai#i Probate Rules (HPR) Rule 34(a), (d); Hawai#i Rules of Civil Procedure (HRCP) Rules 54(b) and 58; Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994). Further, the March 22, 2024 Orders are not independently appealable under the collateral-order or Forgay1/ doctrines, nor has the Circuit Court granted leave for interlocutory appeal under HPR Rule 34(c), in accordance with HRS § 641-1(b). See Greer v. Baker, 137 Hawai#i 249, 253, 369 P.3d 832, 836 (2016) (setting forth the requirements for appealability under the collateral-order doctrine and the Forgay doctrine); HRS § 641-1(b) (specifying requirements for leave to file interlocutory appeal). In these circumstances, where, among other things, the Circuit Court has not expressed an intention to enter appealable judgments, we also decline to exercise our authority under HRS § 602-57(3) to temporarily remand these matters for that purpose. Therefore, IT IS HEREBY ORDERED that the appeal is dismissed for lack of jurisdiction.

DATED: Honolulu, Hawai#i, January 31, 2025.

/s/ Katherine G. Leonard Acting Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Sonja M.P. McCullen Associate Judge

1/ Forgay v. Conrad, 47 U.S. 201 (1848).