Mount, Jr. v. Apao

── Mount, Jr. v. Apao ── Court: Hawaii Intermediate Court of Appeals Date: May 22, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-MAY-2026 08:30 AM Dkt. 80 MO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAIʻI GERALD K. MOUNT, JR. and JANE R. MOUNT, Plaintiffs/Counterclaim Defendants/Cross-claimants-Appellees, v. MARGARET APAO, Defendant-Appellant, and DIRK APAO, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ROSE MARIE ALVARO, DECEASED, Defendant/Counterclaimant/ Third-Party Plaintiff-Appellant, and SESHA LOVELACE, AS CO-PERSONAL REPRESENTATIVE OF THE ESTATE OF ROSE MARIE ALVARO, DECEASED, Defendant/Cross-claim Defendant- Appellee, and U.S. BANK NATIONAL ASSOCIATION, A NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, 2005-SC1, Third-Party Defendant/Cross-claimant-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; ALL PERSONS RESIDING WITH AND ANY PERSONS CLAIMING BY AND THROUGH OR UNDER THEM, Defendants, and DOES 1-50, Third-Party Defendants. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC111002005) MEMORANDUM OPINION (By: McCullen, Presiding Judge, Guidry, J., and Circuit Court Judge Costa in place of Nakasone, C.J., Leonard, Hiraoka, and Wadsworth, JJ., recused)  NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Defendant-Appellant Margaret Apao (Margaret) and Defendant/Counterclaimant/Third-Party Plaintiff-Appellant Dirk Apao (Dirk), as the Personal Representative of the Estate of Rose Marie Alvaro (the Estate), appeal from the October 17, 2023 Final Judgment and eight orders entered by the Circuit Court of the First Circuit. 1 The proceedings in this case span over 15 years, and this is the third appeal. We vacate in part. I. BACKGROUND In 2011, Plaintiffs-Appellees Gerald K. Mount, Jr. and Jane R. Mount (Mounts) filed a complaint against Margaret, and Dirk and Sesha Lovelace (Sesha), as co-personal representatives of the Estate. 2 The Mounts alleged that they purchased the real property located at 2979 Mākālei Place, Honolulu, Hawai‘i 96815 (the Property) at a nonjudicial foreclosure sale, that Margaret was living at the Property with permission from the Estate, and that the Mounts were entitled to possession of the Property. The Mounts asserted claims for ejectment and quiet title. 1 The Honorable John M. Tonaki entered the Final Judgment, and six of the eight orders challenged on appeal. The Honorable Keith K. Hiraoka entered two of the eight orders - the July 7, 2017, and October 23, 2017 orders in favor of the Mounts. 2 According to Dirk, in 2003, the circuit court appointed him and his mother, Margaret, as co-personal representatives of the Estate. In 2010, Sesha replaced Margaret as a co-personal representative and later resigned, leaving Dirk as the sole personal representative of the Estate. 2  NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER Margaret and Dirk filed an answer, and Dirk, in his capacity as personal representative of the Estate, filed a Counterclaim against the Mounts and a Third-Party Complaint against U.S. Bank National Association, a Natio