Kekona v. Abastillas ( 2023 )

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER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