Bankers Trust Co. of California N.A. v. Caoagdan

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*** NO T FO R PUBLICATION *** NO. 25900 IN THE SUPREME COURT OF THE STATE OF HAWAI#I BANKERS TRUST COMPANY OF CALIFORNIA N.A. AS CUSTODIAN OR TRUSTEE, Plaintiff-Appellee vs. HERMINIGILDO OCUMIN CAOAGDAN, VIRGILIA ANDRADA CAOAGDAN, MERLE CAOAGDAN DE MOTTA, Defendants-Appellants and HOUSEHOLD FINANCE CORPORATION OF HAWAII, JOHN & MARY DOES 1-20, DOE PARTNERSHIPS, CORPORATIONS OR OTHER ENTITIES 1-20, Defendants APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 98-0607) ORDER DISMISSING APPEAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon review of the record, it appears that the matter of the disbursement of the fire insurance proceeds is a matter incident to enforcement of the April 17, 2001 judgment of foreclosure. The matter is appealable upon entry of a deficiency judgment or an order finally ending the foreclosure case. See HRS § 667-__(a)(Act 89 Session Laws 2003); Sturkie v. Han, 2 Haw. App. 140, 146-147, 627 P.2d 296, 301-302 (1981); Hoge v. Kane I, 4 Haw. App. at 247, 663 P.2d at 647. Until a deficiency judgment or an order finally ending the foreclosure case is entered, the *** NO T FO R PUBLICATION *** appeal of the May 20, 2003 order is premature and we lack jurisdiction. Therefore, IT IS HEREBY ORDERED that this appeal is dismissed for lack of appellate jurisdiction. DATED: Honolulu, Hawai#i, November 25, 2003. 2

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