NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 05-MAY-2025 08:03 AM Dkt. 73 ODSLJ NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I

IN RE TRUST AGREEMENT OF KARL KRIEG, Settlor, (CASE NO. 3CTR-XX-XXXXXXX) _____________________ IN THE MATTER OF MARGUERITE KRIEG REVOCABLE TRUST AGREEMENT DATED DECEMBER 28, 1993, (CASE NO. 3CTR-XX-XXXXXXX) APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT ORDER DISMISSING APPEAL (By: Nakasone, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Petitioner-Appellee Eric Karl Krieg's (Eric) August 6, 2024 Motion to Dismiss Appeal or, in the Alternative, for Temporary Remand, the papers in support, the record, and there being no opposition, it appears that: (1) Respondent-Appellant Alexander Krieg appeals from the Circuit Court of the Third Circuit's (Circuit Court) October 19, 2023 Final Judgment on Order Granting Petition Eric Karl Krieg's Motion for Summary Judgment on Petition for Instructions and Relief for Breach of Trust, Filed February 9, 2022 (Final Judgment); NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

(2) The Final Judgment resolves or purports to resolve claims raised in a separate but related proceeding, 3CTR-21- 0000005, which was consolidated with 3CTR-XX-XXXXXXX for purposes of an evidentiary hearing only; (3) Eric seeks dismissal of the appeal for lack of appellate jurisdiction, or in the alternative, a temporary remand to the Circuit Court for entry of an amended Final Judgment that complies with Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai‘i 115, 869 P.2d 1334 (1994); and (4) The claims raised in 3CTR-XX-XXXXXXX remain pending, and the Final Judgment does not and cannot resolve all claims of all parties in 3CTR-XX-XXXXXXX. See Jenkins v. Cades Schutte Fleming & Wright, 76 Hawai‘i at 119-20 n.4, 869 P.2d at 1338-39 n.4.

Therefore, IT IS HEREBY ORDERED that the motion is granted, and the appeal is dismissed for lack of appellate jurisdiction.

DATED: Honolulu, Hawai‘i, May 5, 2025.

/s/ Karen T. Nakasone Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge