Opinion
CAOT-22-0000491
10-10-2023
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
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 93-3974)
Leonard, Presiding Judge, Hiraoka and Guidry, JJ.
ORDER DISMISSING CASE FOR LACK OF JURISDICTION
Upon review of the record in CAOT-22-0000491, 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 Hawaii 91, 99, 405 P.3d 527, 535 (2017); Waikiki v. Ho'omaka Village Association of Apartment Owners, 140 Hawaii 197, 398 P.3d 786 (2017) . Only the Hawaii Supreme Court has jurisdiction to issue an original writ to a court of inferior jurisdiction. HRS § 602-5(3) (2016).
Therefore, IT IS HEREBY ORDERED that CAOT-22-0000491 is dismissed for lack of jurisdiction.
IT IS FURTHER ORDERED that all pending motions are dismissed.