Farrow v. Dynasty Metal Systems, Inc.

972 P.2d 725, 89 Haw. 310, 1999 Haw. App. LEXIS 3
CourtHawaii Intermediate Court of Appeals
DecidedJanuary 20, 1999
DocketNo. 21391
StatusPublished
Cited by5 cases

This text of 972 P.2d 725 (Farrow v. Dynasty Metal Systems, Inc.) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farrow v. Dynasty Metal Systems, Inc., 972 P.2d 725, 89 Haw. 310, 1999 Haw. App. LEXIS 3 (hawapp 1999).

Opinion

Opinion of the Court by

BURNS, C.J.

Defendant-Appellant Dynasty Metal Systems, Inc., appeals the April 6, 1998 Amended Final Judgment in Favor of Plaintiff Suzanne Jane Farrow and Against Defendant Dynasty Metal Systems, Inc. We affirm.

The corporation, originally named as the defendant in this case, was the following nonexisting corporation: “Dynasty Metal Systems Co., Inc., a Hawaii corporation.” While this case was in process, Farrow and “Dynasty Metal Systems Co., Inc.” agreed to arbitration. The arbitrator’s award is in favor of Farrow and against “Dynasty Metal Systems Co., Inc.” The circuit court’s order confirming the arbitrator’s award and judgment were entered against “Dynasty Metal Systems Co., Inc.” After the circuit court found, based on the evidence, that (a) “Dynasty Metal Systems Co., Inc.” did not exist; (b) the correct name of the intended defendant was “Dynasty Metals Systems, Inc.”; [311]*311and (c) Dynasty Metals Systems, Ine., knew of the mistake and actually participated as the defendant in the case, the circuit court sua sponte ordered a name change nunc pro tunc and entered an amended order confirming the arbitrator’s award and an amended judgment.

Dynasty Metal Systems, Inc.’s two points on appeal are (1) “that the trial court has no authority to change the names in a[n] arbitration award” and (2) even if it has such authority, it has no authority to do so sua sponte. We conclude that both points are without merit.

BACKGROUND

This case began when Plaintiff Suzanne Jane Farrow (Farrow) sued “Dynasty Metal Systems Co., Inc., a Hawaii corporation.” Farrow and “Dynasty Metal Systems Co., Inc.” subsequently agreed to submit all of their disputes to binding arbitration. The Binding Arbitration Decision states in relevant part as follows:

The binding arbitration award is entered as follows:
Farrow’s claims for slander of title, abuse of process, and malicious prosecution are denied; her claim for damages because of Dynasty [Metal Systems Co., Inc.]’s breach of contract is partially granted in the amount of $24,787.18.
Dynasty [Metal Systems Co., Inc.]’s counterclaims for breach of agreement and negligence are denied.

On January 26, 1996, Farrow filed a Motion for Confirmation of Arbitration Award and Entry of Final Judgment. On April 3, 1996, “Defendant DYNASTY METAL SYSTEMS CO., INC., a Hawaii corporation, above-named, by and through its counsel, Sidney Michael Quintal” filed its Motion to Reconsider and Objection to Plai[n]tiff[’]s Submission. On April 3, 1996, the circuit court entered its Order Granting Plaintiffs Motion for Confirmation of Arbitration Award and Entry of Final Judgment Filed Herein on January 26, 1996.

On May 20, 1996, the circuit court entered its Final Judgment in Favor of Plaintiff Suzanne Jane Farrow and Against Defendant Dynasty Metal Systems Co., Inc.

After a hearing pertaining to Farrow’s September 4, 1996 Motion for Rule 11 Sanctions and the cross-motion by “Dynasty Metal Systems Co., Inc.,” the circuit court entered its February 9, 1998 Findings of Fact and Conclusions of Law; Order in relevant part as follows:

FINDINGS OF FACT
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10. At the time Civil No. 90-312K was filed with this Court in 1990, Mr. Quintal “... had figured out that [plaintiffs counsel] was probably ... just negligent, careless, and used [‘] Co.[’] by mistake ... so [he] didn’t make a big deal in [sic] it at the time [he] filed the Motion to Dismiss.” ...
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12. Mr. Quintal “... knew at all times from Civil No. 90-312K that the target defendants [sic] in reality was Dynasty Metal Systems, Inc.” ...
13. Mr. Quintal’s clients were aware that the wrong name was used in describing the corporate defendant in Civil No. 90-312K. Mr. Quintal stated that “... [a]t the time they were trying to get two, half million dollars awards, and we decided— my clients and I decided to be cautious and to defend on the merits as if Ms. Farrow has sued the right — had named the right party without the typographical error....
14. From December 18, 1990, until August 6, 1996, Plaintiffs ... and Defendant’s counsel (Mr. Quintal), hundreds of times interchangeably used DYNASTY METAL SYSTEMS CO., INC. with DYNASTY METAL SYSTEMS, INC. in various correspondence and legal documents in this and other related cases....
* * *
There are also many instances in this and other related cases ... when Mr. Quintal inaccurately stated on pleadings he was counsel for DYNASTY METAL SYSTEMS CO[.], INC.;....
[312]*31215. On September 1, 1995, Mr. Quintal, and Ron Rietfors, on behalf of “DYNASTY METAL SYSTEMS, [CO.] INC.” signed and filed with this Court a written Stipulation Nunc Pro Tunc March 15, 1995 to submit claims to binding arbitration.
16. Fritz Rietfors, Jr. and Ron Rietfors are President and Vice-President of DYNASTY METAL SYSTEMS, INC., and were present at all hearings, along with counsel Mr. Quintal, in this case.
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18. On August 12, 1996, during a hearing to examine persons having knowledge of the judgment debtor under the arbitration award, Mr. Ron Rietfors and Mr. Fritz Rietfors, Jr. stated DYNASTY METAL SYSTEMS CO., INC. never existed.
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CONCLUSIONS OF LAW
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9. In addition to [Hawai'i Rules of Civil Procedure] Rule 11 sanctions, [Hawai'i] trial courts also have inherent equity, supervisory, and administrative powers as well as inherent power to create remedies for wrongs, to control the litigation process, to curb abuses, and to promote fair process. Richardson vs. Sport Shinko (Waikiki Corp.), 76 [Hawai'i] 494 [880 P.2d 169] (1994).
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11. All parties and counsel referred to DYNASTY METAL SYSTEMS, INC. when they incorrectly used the term DYNASTY METAL SYSTEMS CO., INC.
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ORDER
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IT IS FURTHER ORDERED that counsel for Plaintiff prepare an Amended Order Confirming Arbitration Award and Entry of Final Judgment reflecting the correct name of Defendant DYNASTY METAL SYSTEMS, INC., nunc pro tunc to the effective date of the Order Confirming Arbitration Award.
IT IS FURTHER ORDERED that an Amended Judgment reflecting the correct name of Defendant DYNASTY METAL SYSTEMS, INC., nunc pro tunc to the effective date of the Judgment, be prepared by Plaintiffs counsel.
IT IS FURTHER ORDERED that the “Co.” in the Defendant’s name in all pleadings filed in this case be stricken.

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Bluebook (online)
972 P.2d 725, 89 Haw. 310, 1999 Haw. App. LEXIS 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrow-v-dynasty-metal-systems-inc-hawapp-1999.