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 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.