[§667-51] Appeals.

266 words·~1 min read·/hi/chapter-667/667-51

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

[§667-51] Appeals.

(a)Without limiting the class of orders not specified in section 641-1 from which appeals may also be taken, the following orders entered in a foreclosure case shall be final and appealable:

(1)A judgment entered on a decree of foreclosure, and if the judgment incorporates an order of sale or an adjudication of a movant's right to a deficiency judgment, or both, then the order of sale or the adjudication of liability for the deficiency judgment also shall be deemed final and appealable;

(2)A judgment entered on an order confirming the sale of the foreclosed property, if the circuit court expressly finds that no just reason for delay exists, and certifies the judgment as final pursuant to rule 54(b) of the Hawaii rules of civil procedure; and

(3)A deficiency judgment; provided that no appeal from a deficiency judgment shall raise issues relating to the judgment debtor's liability for the deficiency judgment (as opposed to the amount of the deficiency judgment), nor shall the appeal affect the finality of the transfer of title to the foreclosed property pursuant to the order confirming sale.

(b)An appeal shall be taken in the manner and within the time provided by the rules of court. [L 2003, c 89, §2]

Case Notes

Intermediate court of appeals had jurisdiction over the circuit court's order granting motion to dismiss counterclaims and order denying motion for reconsideration and certification because the judgment on the foreclosure decree was "final" and "appealable" under subsection

(a)and, thus, was a final judgment under §641-1. 139 H. 361, 390 P.3d 1248 (2017).