Kekona v. Abastillas

• Court: Hawaii Intermediate Court of Appeals
• Decided: October 10, 2023
• Docket: CAOT-22-0000491
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAOT-XX-XXXXXXX 10-OCT-2023 08:01 AM Dkt. 9 ODSLJ

NO. CAOT-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

BENJAMIN PAUL KEKONA and TAMAE M. KEKONA, Plaintiffs-Petitioners, v. PAZ FENG ABASTILLAS, also known as PAZ A. RICHTER; ROBERT A. SMITH, personally; ROBERT A. SMITH, Attorney At Law, a Law Corporation; STANDARD MANAGEMENT, INC.; MICHAEL BORNEMANN; U.S. BANCORP MORTGAGE COMPANY, an Oregon Company; WESTERN SURETY COMPANY, sued herein as Doe Entity 1; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10, Defendants-Respondents

CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 93-3974)

ORDER DISMISSING CASE FOR LACK OF JURISDICTION (By: Leonard, Presiding Judge, Hiraoka and Guidry, JJ.) Upon review of the record in CAOT-XX-XXXXXXX, it appears that the court lacks jurisdiction under Hawaii Revised Statutes (HRS) § 602-57(3) (2016) over Plaintiffs-Petitioners Benjamin Paul Kekona and Tamae M. Kekona's August 12, 2022 Motion for Order or Writ in Aid of Jurisdiction. HRS § 602-57(3) grants this court jurisdiction to "make or issue any order or writ necessary or appropriate in the aid of its jurisdiction[.]" The record does not indicate any attempt to appeal from Civil No. 93-3974 having been made. There is nothing for this court to aid under HRS § 602-57(3). Cf. State by Off. of Consumer Prot. v. Joshua, 141 Hawai i 91, 99, 405 P.3d 527, 535 (2017); Waikiki v. Ho omaka Village Association of Apartment Owners, 140 Hawai i 197, 398 P.3d 786 (2017). Only the Hawai i Supreme Court has NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

jurisdiction to issue an original writ to a court of inferior jurisdiction. HRS § 602-5(3) (2016). Therefore, IT IS HEREBY ORDERED that CAOT-XX-XXXXXXX is dismissed for lack of jurisdiction. IT IS FURTHER ORDERED that all pending motions are dismissed. DATED: Honolulu, Hawai i, October 10, 2023.

/s/ Katherine G. Leonard Presiding Judge

/s/ Keith K. Hiraoka Associate Judge

/s/ Kimberly T. Guidry Associate Judge