In re: Trust Agreement of Krieg

• Court: Hawaii Intermediate Court of Appeals
• Decided: May 5, 2025
• Docket: CAAP-23-0000690
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 05-MAY-2025 08:03 AM Dkt. 73 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

IN RE TRUST AGREEMENT OF KARL KRIEG, Settlor, (CASE NO. 3CTR-XX-XXXXXXX) _____________________ IN THE MATTER OF MARGUERITE KRIEG REVOCABLE TRUST AGREEMENT DATED DECEMBER 28, 1993, (CASE NO. 3CTR-XX-XXXXXXX)

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

ORDER DISMISSING APPEAL (By: Nakasone, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Petitioner-Appellee Eric Karl

Krieg's (Eric) August 6, 2024 Motion to Dismiss Appeal or, in

the Alternative, for Temporary Remand, the papers in support,

the record, and there being no opposition, it appears that:

(1) Respondent-Appellant Alexander Krieg appeals from

the Circuit Court of the Third Circuit's (Circuit Court)

October 19, 2023 Final Judgment on Order Granting Petition Eric

Karl Krieg's Motion for Summary Judgment on Petition for

Instructions and Relief for Breach of Trust, Filed February 9,

2022 (Final Judgment); NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

(2) The Final Judgment resolves or purports to resolve

claims raised in a separate but related proceeding, 3CTR-21-

0000005, which was consolidated with 3CTR-XX-XXXXXXX for

purposes of an evidentiary hearing only;

(3) Eric seeks dismissal of the appeal for lack of

appellate jurisdiction, or in the alternative, a temporary

remand to the Circuit Court for entry of an amended Final

Judgment that complies with Jenkins v. Cades Schutte Fleming &

Wright, 76 Hawai‘i 115, 869 P.2d 1334 (1994); and

(4) The claims raised in 3CTR-XX-XXXXXXX remain

pending, and the Final Judgment does not and cannot resolve all

claims of all parties in 3CTR-XX-XXXXXXX. See Jenkins v. Cades

Schutte Fleming & Wright, 76 Hawai‘i at 119-20 n.4, 869 P.2d at

1338-39 n.4.

Therefore, IT IS HEREBY ORDERED that the motion is

granted, and the appeal is dismissed for lack of appellate

jurisdiction.

DATED: Honolulu, Hawai‘i, May 5, 2025.

/s/ Karen T. Nakasone Presiding Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Kimberly T. Guidry Associate Judge