Pacific Mortgage Investors, LLC v. Johnson (Order Dismissing Appeal as Moot)

NO. 29317

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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PACIFIC MORTGAGE INVESTORS, LLC, Respondent-Plaintiff/

Counterclaim Defendant-Appellee,

vs.

THOMAS MOSES JOHNSON, III, also known as

Thomas M. Johnson, III, Petitioner-Defendant/

Cross-Claim Defendant-Appellant,

and

FIRST HAWAIIAN BANK, Respondent-Defendant/Counterclaim

Plaintiff-Appellee,

and

BANK OF HAWAII, Respondent-Defendant-Appellee,

and

JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10;

DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; and

DOE GOVERNMENTAL UNITS 1-10, Defendants,

and

JOHN DOES 6-20; JANE DOES 6-20; DOE PARTNERSHIPS 6-20;

DOE CORPORATIONS 6-20; DOE "NON-PROFIT" CORPORATIONS 6-20;

and DOE GOVERNMENTAL UNITS 6-20; Additional Cross-Claim

Defendants,

and

COLONY SURF, LTD.; COLONY SURF ASSOCIATION OF APARTMENT
OWNERS, Respondent-Defendant Doe Corporation 1 and

Doe Entity 1-Appellees.

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CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS

(CIV. NO. 07-1-1893)

ORDER DISMISSING APPEAL AS MOOT

(By: Moon, C.J., Nakayama, Acoba, and Duffy, JJ., and

Circuit Judge Town, assigned by reason of vacancy)

Petitioner-defendant/cross-claim defendant-appellant Thomas Moses Johnson, III, having failed to show good cause as to why this appeal should not be dismissed,

IT IS HEREBY ORDERED that the above-captioned appeal is dismissed as moot inasmuch as this court is unable to grant effective relief. See City Bank v. Saje Ventures II, 7 Haw. App. 130, 133, 748 P.2d 812, 814 (App. 1988) (holding that right of a good faith purchaser to receive property acquired at a judicial sale cannot be affected by reversal of order ratifying the sale where supersedeas bond has not been filed) (citing United States v. Oregon, 718 F.2d 299, 302 (9th Cir. 1983); Hurley v. Deutsche Bank Trust Co. Americas, 2009 WL 701006 (W.D. Mich. 2009) (recognizing that 50 App. U.S.C. § 521(h) provides that court action shall not impair a right or title acquired by a bona fide purchaser for value).

DATED: Honolulu, Hawai‘i, June 8, 2009.

No. 29317 Pacific Mortgage Investors, LLC, v. Johnson -- Order Dismissing Appeal as Moot