Wilmington Savings Fund Society v. Brillinger

── Wilmington Savings Fund Society v. Brillinger ── Court: Hawaii Intermediate Court of Appeals Date: May 18, 2026 Category: General NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-MAY-2026 11:12 AM Dkt. 34 ORD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I WILMINGTON SAVINGS FUND SOCIETY, FSB, AS OWNER TRUSTEE OF THE RESIDENTIAL CREDIT OPPORTUNITIES TRUST X-A, Plaintiff-Appellee, v. WILLIAM ROY BRILLINGER, Defendant-Appellant, and ABBEY EADY BRILLINGER, WHO ACQUIRED TITLE AS ABBEY C. EADY, ALSO KNOWN AS ABBEY BRILLINGER; ASSOCIATION OF APARTMENT OWNERS OF KEHALANI GARDENS; KEHALANI COMMUNITY ASSOCIATION; KAHIKOLU, LTD., D/B/A CALYPSO CHARTERS; IDLE WILD CHARTERS, INC., D/B/A/ MALOLO CHARTERS; WEST SIDE CHARTERS, LLC, D/B/A QUICKSILVER CHARTERS, Defendants-Appellees, and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants, and non-party purchasers BRONZE PARTNERS LLC and K&G PROPERTIES LLC. KEHALANI COMMUNITY ASSOCIATION, Cross-Claim Plaintiff-Appellee, v. WILLIAM ROY BRILLINGER, Cross-Claim Defendant-Appellant, and ABBEY EADY BRILLINGER, WHO ACQUIRED TITLE AS ABBEY C. EADY, ALSO KNOWN AS ABBEY BRILLINGER; ASSOCIATION OF APARTMENT OWNERS OF KEHALANI GARDENS; KAHIKOLU, LTD., D/B/A CALYPSO CHARTERS; IDLE WILD CHARTERS, INC., D/B/A MALOLO CHARTERS; WEST SIDE CHARTERS, LLC, D/B/A QUICKSILVER CHARTERS, Cross-Claim Defendants-Appellees, and JOHN DOES 1-20, JANE DOES 1-20, AND DOE ENTITIES 1-20, Cross-Claim Defendants, and non-party purchasers BRONZE PARTNERS LLC and K&G PROPERTIES LLC.  NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER ASSOCIATION OF APARTMENT OWNERS OF KEHALANI GARDENS, Cross-Claim Plaintiff-Appellee, v. WILLIAM ROY BRILLINGER, Cross-Claim Defendant-Appellant, and ABBEY EADY BRILLINGER, WHO ACQUIRED TITLE AS ABBEY C. EADY, ALSO KNOWN AS ABBEY BRILLINGER; KEHALANI COMMUNITY ASSOCIATION; KAHIKOLU, LTD., D/B/A CALYPSO CHARTERS; IDLE WILD CHARTERS, INC., D/B/A MALOLO CHARTERS; WEST SIDE CHARTERS, LLC, D/B/A QUICKSILVER CHARTERS, Cross-Claim Defendants-Appellees, and JOHN DOES 1-20, JANE DOES 1-20, AND DOE ENTITIES 1-20, Cross-Claim Defendants, and non-party purchasers BRONZE PARTNERS LLC and K&G PROPERTIES LLC. APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CCV-XX-XXXXXXX) ORDER DISMISSING APPEAL (By: Leonard, Presiding Judge, McCullen and Gluck, JJ.) Upon review of the record, it appears as follows. On May 1, 2026, this court issued an Order to Show Cause, inviting the parties to show cause why this appeal should not be dismissed as moot, as no stay of the foreclosure was obtained and the property was sold to a good-faith, third-party purchaser. See Bank of New York Mellon v. R. Onaga, Inc., 140 Hawai i 358, 366, 400 P.3d 559, 567 (2017) ("The general rule is that the right of a good faith purchaser to receive property acquired at a judicial sale cannot be affected by the reversal of an order ratifying the sale where a supersedeas bond has not been filed."