Transportation Concepts, Inc. and Eloy Canales v. Brian Ramirez

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 25-JUN-2025 08:09 AM Dkt. 56 SO NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI‘I MEILING K. AKUNA, Plaintiff-Appellant, v. ANDY STEHL and JIM FALK MOTORS OF MAUI, Defendants-Appellees APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT WAILUKU DIVISION (CASE NO. 2DRC-XX-XXXXXXX) SUMMARY DISPOSITION ORDER (By: Hiraoka, Presiding Judge, Wadsworth and Guidry, JJ.) Self-represented Plaintiff-Appellant Meiling K. Akuna (Akuna) appeals from the District Court of the Second Circuit's (district court)1 May 3, 2023 Judgment, entered in favor of 1 The Honorable Blaine J. Kobayashi presided.  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Defendants-Appellees Andy Stehl (Stehl) and Jim Falk Motors of Maui (Falk Motors) (collectively, the Defendants). Akuna raises three issues on appeal,2 contending that the district court: (1) "erred in giving nominal concern in [Akuna's] case"; (2) "erred on the manner in which the trials were conducted"; and (3) "applied the wrong legal standard in finding [Akuna's] case unmerited." Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised, we resolve Akuna's appeal as follows. In August 2021, Akuna filed the operative Amended Complaint, alleging that the Defendants committed fraud by selling her a "truck [that] was previously damaged in a rollover accident" that had been represented as being "a new truck." The case proceeded to a bench trial. After Akuna rested her case, the Defendants moved for a directed verdict. The district court ruled as follows, Ms. Akuna, the [c]ourt in this case has listened to the testimony of the witnesses that you've called to support your claim. 2 We note that Akuna's opening brief does not, among other things, include a statement of points of error or arguments on appeal as required by Hawaiʻi Rules of Appellate Procedure Rule 28. We will nevertheless address Akuna's contentions of error to the extent they are discernible. See U.S. Bank Nat'l Ass'n v. Wright, Nos. CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, & CAAP-20- 0000364, 2023 WL 4104953, at *2 (Haw. App. June 21, 2023) (SDO) ("[W]e interpret pleadings prepared by self-represented litigants liberally and attempt to afford them appellate review even though they fail to comply with court rules.") (citation omitted). 2  NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER Ah, the [c]ourt has also had the opportunity to review the exhibits which were received in evidence. You know, unfortunately the [c]ourt [cannot] see or find any evidence of your claim that the vehicle that was sold to you on April 4th, 2013 was, in fact, a used vehicle as opposed to a new vehicle. Ah, because of that, your claim fails and you have not proven by a preponderance of the evidence the claim set forth in your complaint. So unfortunately, at this time the [c]ourt has no alternative but to rule in favor of the [D]efendant[s]. The [c]ourt is granting the defense's motion for directed verdict. Judgment is entered in favor of the [D]efendants and against [Akuna]. (Emphasis added.) A motion for a directed verdict in a district court trial shall be considered as a motion to dismiss under District Court Rules of Civil Procedure (DCRCP) Rule 41(b).3 Cf. Ontai v. Straub Clinic & Hosp. Inc., 66 Haw. 237, 252, 659 P.2d 734, 745 (1983) ("A motion for a directed verdict [under Hawaiʻi Rules of Civil Procedure (HRCP) Rule 50(a)4] in a nonjury case will be 3 DCRCP Rule 41(b) states, in relevant part, After the plaintiff has completed the presentation of the plaintiff's evidence, the defendant, without waiving the defendant's right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the

In the Court of Appeals Second Appellate District of Texas at Fort Worth No. 02-25-00085-CV GREGORY S. THOMAS AND T-4 FARM, § On Appeal from the 17th District LLC, Appellants Court § of Tarrant County (17-360705-25) V. § June 19, 2025 BRIAN C. THOMAS, INDIVIDUALLY § Memorandum Opinion by Chief Justice AND ON BEHALF OF POST OAK OIL & Sudderth GAS, LP AND POST OAK OIL & GAS GP, LLC, Appellee JUDGMENT This court has considered the record on appeal in this case and holds that there was no error in the trial court’s judgment. It is ordered that the judgment of the trial court is affirmed. It is further ordered that Gregory S. Thomas and T-4 Farm, LLC shall pay all costs of this appeal, for which let execution issue. SECOND DISTRICT COURT OF APPEALS By /s/ Bonnie Sudderth Chief Justice Bonnie Sudderth

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS COLLIN McCLEARY, § No. 08-24-00116-CV Appellant, § Appeal from the v. § 109th District Court CTL CORP., § of Winkler County, Texas Appellee. § (TC# DC20-17766) JUDGMENT The Court has considered this cause on the record and concludes there was no error in the judgment. We therefore affirm the judgment of the court below. We further order that Appellee recover from Appellant all costs of appeal, and that this decision be certified below for observance. IT IS SO ORDERED this 11th day of June 2025. MARIA SALAS MENDOZA, Chief Justice Before Salas Mendoza, C.J., Palafox and Soto, JJ. Palafox, J., concurring without written opinion

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § IN RE NATURAL GAS SERVICES No. 08-25-00157-CV GROUP, INC. and CHARLES A. PEREZ, § AN ORIGINAL PROCEEDING Relators. § IN MANDAMUS § § JUDGMENT The Court has considered this cause on the motion to dismiss. We grant the motion and dismiss the petition for writ of mandamus as moot. This decision shall be certified below for observance. IT IS SO ORDERED this 17th day of June 2025. LISA J. SOTO, Justice Before Salas Mendoza, C.J., Palafox and Soto, JJ.

THE THIRTEENTH COURT OF APPEALS 13-25-00162-CV Christine Yin and Kimsour Sin d/b/a Christine Ocean Seafood & Grill v. Dorothy Ramirez On Appeal from the 135th District Court of Victoria County, Texas Trial Court Cause No. 22-07-88876-B JUDGMENT THE THIRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the appeal should be dismissed. The Court orders the appeal DISMISSED in accordance with its opinion. Costs of the appeal are adjudged against appellants. We further order this decision certified below for observance. June 26, 2025