Department of Finance v. Plotkins
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 23, 2026
DocketCAAP-25-0000105
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-OCT-2026
08:29 AM
Dkt. 45 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAIʻI
DEPARTMENT OF FINANCE, COUNTY OF KAUAʻI,
Plaintiff/Counterclaim Defendant-Appellee,
v.
PIERRE A. PLOTKINS, an Individual,
Defendant/Counterclaimant-Appellant,
and JOHN DOES 1-10 and JANE DOES 1-10, Defendants.
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CASE NO. 5CCV-XX-XXXXXXX)
SUMMARY DISPOSITION ORDER
(By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.)
Self-represented Defendant/Counterclaimant-Appellant
Pierre A. Plotkins appeals from the Circuit Court of the Fifth
Circuit's January 31, 2025 Writ of Possession. 1
Upon careful review of the record and the briefs
submitted by the parties, and having given due consideration to
1 The Honorable Kathleen N.A. Watanabe presided.
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER
the issues raised and the arguments advanced, we resolve this
appeal as discussed below and affirm.
We first note that Plotkins's opening brief does not
comply with Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 28.
Importantly, Plotkins does not present any points of error,
corresponding arguments, or record citations. See HRAP
Rules 28(b)(4), -(7) (requiring opening briefs to contain a
"concise statement of the points of error set forth in
separately numbered paragraphs" and an "argument, containing the
contentions of the appellant . . . with citations to the
authorities, statutes and parts of the record relied on").
Nonetheless, to promote access to justice, we
liberally interpret a self-represented litigant's briefs and do
not automatically foreclose them from appellate review because
they fail to comply with court rules. Erum v. Llego, 147 Hawai‘i
368, 380-81, 465 P.3d 815, 827-28 (2020). We thus address
Plotkins's arguments to the extent we can discern. But, to the
extent we can discern, Plotkins's arguments appear to challenge
the circuit court's December 20, 2024 Final Judgment over which
we have no jurisdiction.
In October 2022, the Department of Finance, County of
Kauaʻi filed a complaint in the circuit court requesting sale of
Plotkins's property at Lokelani Road in Kapaʻa (the Lokelani
Property), as Plotkins owed the County of Kauaʻi over $65,000.00
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in property taxes. In March 2023, Plotkins filed a counterclaim
contesting the circuit court's jurisdiction and raising
constitutional issues.
In September 2024, the commissioner appointed to sell
the Lokelani Property reported that the winning bid was
$610,000.00 and recommended the circuit court confirm the sale.
The circuit court confirmed the sale and ordered $90,609.85 be
paid to the County of Kauaʻi for the unpaid property taxes and
assessments, as well as related penalties, interest, and fees;
an additional $7,700.00 be paid to the County of Kauaʻi for
reasonable attorney's fees; $5,046.47 be paid to the
commissioner for reasonable fees and expenses; and the remaining
balance be dispersed to Plotkins.
On December 20, 2024, the circuit court entered the
Final Judgment in favor of the County of Kauaʻi and against
Plotkins. Plotkins did not appeal from the Final Judgment.
On January 31, 2025, the circuit court entered the
Writ of Possession, ordering that Plotkins and his belongings be
removed from the Lokelani Property.
On February 24, 2025, 66 days after entry of the Final
Judgment and 24 days after the entry of the Writ of Possession,
Plotkins filed a notice of appeal. See HRAP Rule 4(a)(1) ("When
a civil appeal is permitted by law, the notice of appeal shall
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be filed within 30 days after entry of the judgment or
appealable order."). Plotkins stated he was appealing "from the
Foreclosure Default Judgment, Writ of Possession, filed, herein
on January 31st, 2025, and attached hereto as Exhibit 'A'."
Exhibit A consisted only of the January 31, 2025 Writ of
Possession.
The County of Kauaʻi moved to dismiss the appeal for
lack of jurisdiction, explaining that Plotkins failed to timely
appeal from the Final Judgment. This court denied the motion
because Plotkins was appealing from the Writ of Possession, not
the Final Judgment.
Plotkins's opening brief, however, makes no
discernible argument related to the Writ of Possession.
Plotkins refers to the "[w]rongful foreclosure" and states that
the County of Kauaʻi "does not have the authority to sell at less
than appraised value any property." Plotkins further states,
"The default judgment, is a travesty, and should be declared
'Null and Void'." In his reply brief, Plotkins asserts, "The
scope of the appeal cannot be limited to the writ of
possession." We do not have jurisdiction to address arguments
related to the Final Judgment. And because Plotkins does not
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raise any points of error specific to the Writ of Possession,
there is no point of error for this court to resolve.
Based on the foregoing, we affirm the circuit court's
January 31, 2025 Writ of Possession.
DATED: Honolulu, Hawaiʻi, October 23, 2026.
On the briefs: /s/ Katherine G. Leonard
Presiding Judge
Pierre A. Plotkins,
Self-represented /s/ Clyde J. Wadsworth
Defendant/Counterclaimant- Associate Judge
Appellant.
/s/ Sonja M.P. McCullen
Mark L. Bradbury, Associate Judge
Deputy County Attorney,
County of Kauaʻi,
for Plaintiff/Counterclaim
Defendant-Appellee.
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