In re: Estate of Stupak

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
31-JAN-2025
10:59 AM
Dkt. 125 ODSLJ

NO. CAAP-XX-XXXXXXX
(CONSOLIDATED WITH NO. CAAP-XX-XXXXXXX)

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

NO. CAAP-XX-XXXXXXX

IN THE MATTER OF THE ESTATE OF THEODORE STUPAK, DECEASED
(CASE NO. 1CLP-XX-XXXXXXX)

AND

NO. CAAP-XX-XXXXXXX

IN THE MATTER OF THE THEODORE STUPAK REVOCABLE LIVING TRUST
DATED MAY 19, 2005, AS AMENDED AND RESTATED
(CASE NO. 1CTR-XX-XXXXXXX)

APPEALS FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

ORDER DIMISSING APPEAL FOR LACK OF JURISDICTION
(By: Leonard, Acting C.J., and Wadsworth and McCullen, JJ.)
Upon review of the record, it appears that
Petitioner/Respondent-Appellant Steven Stupak appeals from the
Circuit Court of the First Circuit's March 22, 2024 Order
Granting in Part and Denying in Part Petition for Instructions or
in the Alternative to Remove Co-Personal Representative Steven
Stupak, Filed August 15, 2022, entered in 1CLP-XX-XXXXXXX, and
its March 22, 2024 Order Granting in Part and Denying in Part
Petition for Instructions or in the Alternative to Remove
Successor Co-Trustee Steven Stupak, entered in 1CTR-XX-XXXXXXX
(together, March 22, 2024 Orders).
The court lacks appellate jurisdiction because the
Circuit Court in each case has not entered a final, appealable
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

order or judgment. See Hawaii Revised Statutes (HRS) § 641-1(a)
(2016); Hawai#i Probate Rules (HPR) Rule 34(a), (d); Hawai#i Rules
of Civil Procedure (HRCP) Rules 54(b) and 58; Jenkins v. Cades
Schutte Fleming & Wright, 76 Hawai#i 115, 119, 869 P.2d 1334,
1338 (1994). Further, the March 22, 2024 Orders are not
independently appealable under the collateral-order or Forgay1/
doctrines, nor has the Circuit Court granted leave for
interlocutory appeal under HPR Rule 34(c), in accordance with HRS
§ 641-1(b). See Greer v. Baker, 137 Hawai#i 249, 253, 369 P.3d
832, 836 (2016) (setting forth the requirements for appealability
under the collateral-order doctrine and the Forgay doctrine); HRS
§ 641-1(b) (specifying requirements for leave to file
interlocutory appeal). In these circumstances, where, among
other things, the Circuit Court has not expressed an intention to
enter appealable judgments, we also decline to exercise our
authority under HRS § 602-57(3) to temporarily remand these
matters for that purpose.
Therefore, IT IS HEREBY ORDERED that the appeal is
dismissed for lack of jurisdiction.

DATED: Honolulu, Hawai#i, January 31, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

1/
Forgay v. Conrad, 47 U.S. 201 (1848).

2