Opinion
No. 29317
June 8, 2009.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CIV. NO. 07-1-1893)
By: MOON, C.J., NAKAYAMA, ACOBA, and DUFFY, JJ., and Circuit Judge Town, assigned by reason of vacancy.
ORDER DISMISSING APPEAL AS MOOT
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).