NO. 27479

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

BUENA VISTA INVESTORS, LLC, a Hawaii limited liability company,
Plaintiff-Appellee

vs.

DAMON SCHMIDT, Defendant-Appellant

and

INDYMAC BANK, a federal banking corporation, KALOKO II ASSOCIATION, a Hawaii non-profit corporation, KALOKO LANI TERRACE, an unincorporated association, COUNTY OF HAWAI‘I, JOHN and JANE DOES 1-10, DOE PARTNERSHIPS, CORPORATIONS and ENTITIES 1-10, and DOE GOVERNMENTAL UNITS 1-10,
Defendants

APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 03-1-0097K)


ORDER DENYING MOTION TO DISMISS APPEAL
AND GRANTING ALTERNATIVE MOTIONFOR RELIEF FROM DEFAULT OF OPENING BRIEF
(By: Duffy, J. for the court (1))

Upon consideration of appellant's motion to dismiss appeal for lack of jurisdiction, or in the alternative, for relief from default of the opening brief, the papers in support and in opposition and the record, it appears that the July 29, 2005 "Judgment for Interlocutory Decree of Foreclosure" is a judgment entered on a decree of foreclosure that is appealable pursuant to HRS § 667-51(a)(1)(Supp. 2004). Therefore,

IT IS HEREBY ORDERED that the motion to dismiss appeal for lack of jurisdiction is denied.

IT IS FURTHER ORDERED that the alternative motion for relief from default of the opening brief is granted. Appellant shall file his opening brief on or before February 10, 2006.

DATED: Honolulu, Hawai‘i, January 11, 2006.


Gary Victor Dubin
for appellant
on the motion

1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.