U.S. Bank National Association v. Charbonneau

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
13-FEB-2025
08:05 AM
Dkt. 95 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR
CSFB MORTGAGE-BACKED PASS-THROUGH CERTIFICATES,
SERIES 2004-8, Plaintiff-Appellee, v.
JOHN D. CHARBONNEAU, Defendant-Appellant,
and
URAI CHARBONNEAU; MBNA AMERICA BANK, N.A.; THE STATE
OF HAWAII-DEPARTMENT OF TAXATION, Defendants-Appellees,
and DOES 1 through 20, Inclusive, Defendant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CC161000234)

ORDER DISMISSING APPEAL
(By: Hiraoka, Presiding Judge, Wadsworth and McCullen, JJ.)

John D. Charbonneau appealed from the July 28, 2023
judgment of foreclosure entered by the Circuit Court of the
Second Circuit.1 Charbonneau did not obtain a stay of
enforcement of the judgment of foreclosure. The foreclosure
Commissioner filed a report on December 12, 2023. The
Commissioner reported:

three registered bidders entered ninety-one additional and
successively higher bids with the final and winning bid
coming in [from CNADY LLC] at $1,100,000.00. . . . Interest
in the property has been strong and your Commissioner

1
The Honorable Kirstin M. Hamman presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

recommends that the Court schedule a hearing and reopen
bidding for the subject property to determine if there are
additional bids for the property from other potential
bidders.

U.S. Bank National Association moved to confirm the
foreclosure sale on December 14, 2023. The motion requested a
finding "that CNADY, L.L.C. is a bona fide good faith
purchase[r.]" Charbonneau opposed confirmation of the sale and
filed a "Motion of Non-appearance" at the hearing. The circuit
court heard the motion to confirm on January 18, 2024.
Charbonneau did not appear. No bidders other than the winning
bidder were present. The circuit court orally granted the
motion.
The circuit court entered its "Order Approving
Commissioner's Report and Granting Plaintiff's Motion for
Confirmation of Foreclosure Sale, Allowance of Costs, Commissions
and Fees, Distribution of Proceeds, Directing Conveyance and for
Writ of Possession/Ejectments, [sic] Filed December 14, 2023" on
September 10, 2024.2 The order contained a finding "that the
price obtained by the Commissioner fairly represents the market
value of the Mortgaged Property under the circumstances of the
sale and present economic conditions and that no other person
indicated any interest in submitting a higher bid." The order
also contained this finding:

3. That CNADY, L.L.C. is a bona fide purchaser,
without any affiliation to [U.S. Bank] or its agents, as
supported by [U.S. Bank]'s Motion. Defendant JOHN D.
CHARBONNEAU failed to raise any factual or evidentiary
objection regarding CNADY, L.L.C. as a bona fide purchaser
of the Property, and as such, any objection is deemed
waived.

The circuit court entered its Judgment confirming the
foreclosure sale on September 10, 2024. Charbonneau did not
appeal from the Judgment or file a timely post-judgment tolling
motion, and the time to appeal from the Judgment has expired.

2
The proceedings below were stayed from January 22, 2024, until
July 18, 2024, because of Charbonneau's bankruptcy.

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

See Hawai#i Rules of Appellate Procedure Rule 4. The circuit
court's determination that CNADY, LLC is a good faith purchaser
is "the final and binding law of the case[.]" Dosland v.
Dosland, 5 Haw. App. 87, 88, 678 P.2d 1093, 1095 (1984).
IT IS THEREFORE ORDERED that this appeal is dismissed
as moot. See Wilmington Sav. Fund Soc'y v. Domingo, 155 Hawai#i
1, 13-14, 556 P.3d 347, 359-60 (2024).
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, February 13, 2025.

/s/ Keith K. Hiraoka
Presiding Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

3