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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
29-MAY-2026
08:01 AM
Dkt. 50 ODSLJ

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CENTRAL PACIFIC BANK, Plaintiff-Appellant,
v.
DAVID AUGUSTINE ALCOS, III, also known as
DAVID A. ALCOS, III, individually, as Trustee of
The 2001 Alcos Family Revocable Living Trust
dated July 11, 2001, and as Trustee of
The David A. Alcos, III Trust dated June 8, 2016;
RALENA P. B. ALCOS, as Trustee of
The Ralena P.B. Alcos Trust dated June 8, 2016;
ASSOCIATION OF APARTMENT OWNERS OF ALCOS ESTATES,
by its Board of Directors;
WBL SPO II, LLC, a Delaware limited liability company;
UNITED STATES OF AMERICA,
DEPARTMENT OF TREASURY, INTERNAL REVENUE SERVICE;
DEPARTMENT OF TAXATION, STATE OF HAWAI#I;
BANK OF HAWAII, a Hawaii corporation,
Defendants-Appellees,
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

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CCV-XX-XXXXXXX)

ORDER DISMISSING APPEAL FOR LACK OF JURISDICTION
(By: Nakasone, Chief Judge, Hiraoka and Wadsworth, JJ.)

Upon review of Plaintiff-Appellant Central Pacific
Bank's Response to Order to Show Cause, filed on May 21, 2026,
and the record, it appears that:
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

1. Central Pacific Bank appeals from the circuit
court's May 31, 2023 Order Denying Plaintiff's Motion for Summary
Judgment as to All Claims and All Parties, Interlocutory Decree
of Foreclosure and Order of Sale and April 22, 2025 Order Denying
Plaintiff's Motion for Reconsideration (the Orders);
2. The circuit court has not entered an appealable
judgment, see Jenkins v. Cades Schutte Fleming & Wright, 76
Hawai#i 115, 119, 869 P.2d 1334, 1338 (1994);
3. The Orders are interlocutory and not appealable,
Peters v. Aipa, 118 Hawai#i 308, 316, 188 P.3d 822, 830 (App.
2008) (holding that order denying motion for summary judgment is
not appealable absent order under Hawaii Revised Statutes (HRS)
§ 641-1(b));
4. The circuit court has not allowed an appeal from
the Orders under HRS § 641-1(b);
5. The Orders are not appealable collateral orders
because they do not involve an issue "completely separate from
the merits of the action" and they will be reviewable on appeal
from a final judgment, Greer v. Baker, 137 Hawai#i 249, 253, 369
P.3d 832, 836 (2016);
6. The Orders are not appealable under the Forgay
doctrine, see id.;
7. The circuit court did not enter summary judgment
for Defendants David Augustine Alcos, III and Ralena P.B. Alcos
under State ex rel. Anzai v. City & Cnty. of Honolulu, 99 Hawai#i
508, 514, 57 P.3d 433, 439 (2002); and
8. A temporary remand under HRS § 602-57(3) is not
appropriate because the record on appeal doesn't show that the
circuit court intended to allow an appeal from the Orders, or
that the circuit court has resolved all claims against all
parties and the only thing lacking is the entry of a judgment,
see Waikiki v. Ho#omaka Village Assoc. of Apartment Owners, 140
Hawai#i 197, 204, 398 P.3d 786, 793 (2017).

2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that this appeal is
dismissed for lack of jurisdiction. No judgment will be entered.
See Hawai#i Rules of Appellate Procedure Rule 36(b)(1).
DATED: Honolulu, Hawai#i, May 29, 2026.

/s/ Karen T. Nakasone
Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge