The opinion
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
08-JAN-2026
08:46 AM
Dkt. 14 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
DAVID BROWN and SANTO TRIOLO, Plaintiffs-Appellees, v.
AUGUSTINE ANDREW PONCE; AUGUSTINE ANDREW PONCE, AS TRUSTEE OF
THE REVOCABLE LIVING TRUST OF AUGUSTINE ANDREW PONCE DATED
MAY 23, 2024, Defendants-Appellants, and
JANICE HARRIS;
CHILD SUPPORT ENFORCEMENT AGENCY, STATE OF HAWAI I;
STATE OF HAWAI I, HAWAI I HEALTH SYSTEMS CORPORATION,
dba MAUI MEMORIAL MEDICAL CENTER, Defendants-Appellees, and
DOE DEFENDANTS 1-20, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 2CCV-XX-XXXXXXX)
ORDER GRANTING IN PART MOTION TO DISMISS APPEAL
(By: Leonard, Presiding Judge, McCullen and Guidry, JJ.)
Upon consideration of Plaintiffs-Appellees David Brown
and Santo Triolo's (Appellees) December 19, 2025 Motion to
Dismiss Appeal and for Award of Attorneys' Fees and Costs, the
papers in support, the record, and there being no timely
opposition filed, it appears as follows.
On November 18, 2025, self-represented Defendant-
Appellant Augustine Andrew Ponce (Appellant) filed a notice of
appeal from the Circuit Court of the Second Circuit's October 16,
2025 Judgment on Findings of Fact, Conclusions of Law, and Order
Granting Plaintiffs' Motion for Summary Judgment and for
Interlocutory Decree of Foreclosure (Judgment). Appellees seek
dismissal of the appeal as untimely.
The court lacks appellate jurisdiction because the
notice of appeal was not timely-filed within thirty days of the
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Judgment, as required under Hawai i Rules of Appellate Procedure
(HRAP) Rule 4(a)(1),1 and the record does not indicate that
Appellant received an extension of time to appeal under HRAP
Rule 4(a)(4), or that the deadline was tolled by a timely post-
judgment motion under HRAP Rule 4(a)(3). Compliance with the
requirement of timely filing a notice of appeal is
jurisdictional. Grattafiori v. State, 79 Hawai i 10, 13, 897
P.2d 937, 940 (1995).
Appellees further seek an award of their attorneys'
fees and costs in bringing their motion, citing Hawai i Revised
Statutes (HRS) § 604-10.5(h) and HRAP Rule 39. HRS § 604-10.5(h)
(2016) governs awards of attorneys' fees and costs in District
Court actions to enjoin and temporarily restrain harassment;
however, this appeal is from a Circuit Court foreclosure case.
While HRAP Rule 39(a) allows taxation of costs against an
appellant when dismissing an appeal, Appellees' motion does not
request an award of costs. Thus, the court will deny the
request.
Therefore, IT IS HEREBY ORDERED that the December 19,
2025 Motion to Dismiss Appeal and for Award of Attorneys' Fees
and Costs is granted in part and denied in part as follows:
1. The appeal is dismissed for lack of appellate
jurisdiction.
2. The request for attorneys' fees and costs is
denied.
DATED: Honolulu, Hawai i, January 8, 2026.
/s/ Katherine G. Leonard
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Kimberly T. Guidry
Associate Judge
1
Per HRAP Rules 4(a)(1) and 26(a), the deadline to appeal was
Monday, November 17, 2025.
2