Klassen v. Heirs and/or assigns of Inoa

• Court: Hawaii Intermediate Court of Appeals
• Decided: June 6, 2024
• Docket: CAAP-20-0000463
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-JUN-2024 07:50 AM Dkt. 74 SO

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

GORDON KLASSEN as Trustee of the Gordon Klassen Living Trust dated November 5, 2012 and BRENDA KLASSEN as Trustee of the Brenda Klassen Living Trust dated November 5, 2012, Plaintiff-Appellee, v. Heirs and/or assigns of INOA (k), aka AINOA (k), deceased, Heirs and/or assigns of KALAMANU (k), deceased, Heirs and/or assigns of MARY MIRANDA, aka MARY TRASK, deceased, Heirs and/or assigns of HATTIE HUDDY, aka HARRIET HUDDY, aka HATTIE TRASK and HARRIET TRASK, deceased, Heirs and/or assigns of BERYLE MAPUANA BRUHN, deceased, Heirs and/or assigns of PAUL JAMES BRUHN, aka PAUL JAMES BRUHN, JR., deceased, PAUL MILIAKEALA BRUHN-LEONI, ELIZABETH K. WALLWORK, aka ELIZABETH KANOENA MUNDON, Heirs and/or assigns of JAMES HUDDY, JR., deceased, JAMES HUDDY, III, Heirs and/or assigns of ANNA HUDDY ORTIZ, deceased, SANFORD L. HUDDY, Heirs and/or assigns of ELIZABETH HUDDY COCKETT, aka ELIZABETH L. COCKETT, deceased, Heirs and/or assigns of ABRAHAM HUDDY, deceased, Heirs and/or assigns of DAVID HUDDY, deceased, Heirs and/or assigns of CHARLA HUDDY LUM, aka CHARLA ANN HAUNANI HUDDY, and CHARLA DERVILY, deceased, Heirs and/or assigns of JOHN A. TRASK, aka JOHN AKIMA TRASK, deceased, Heirs and/or assigns of ANNIE APO aka ANNIE TRASK and ANNIE MIRANDA, deceased, NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Heirs and/or assigns of HAZEL APO GROSS, aka ANNIE HAZEL APO, HAZEL APO, ANNIE HAZEL SHIN, and HAZEL A. SHIN, deceased Heirs and/or assigns of ALMIRA KAWAILIULA APO, aka ALMIRA APO and ALMIRA KAUAILIULA#O#MANA OGOTO TANIGUCHI DUSENBERRY, deceased, ANNIE W. LACRO, CLIFFORD K. APO, HARTWELL P. APO, LANI APO, aka LANI KAEO APO; MITCHEL K. APO, DALPHIN A.K. APO TREMAINE, DAPHNE A.K. APO NAWAI, aka DAPHNE ALYCE KAWAIULAILIAHI NAWAI, KATHERINE EASTMAN, ASHLEY L. APO, CODY K. APO, Heirs and/or assigns of DAVID ILIILII TRASK, deceased, Heirs and/or assigns of NANCY TRASK NAUKANA, aka NANCY TRASK NAUKANA, aka NANCY TRASK and NANCY T. APO, deceased, Heirs and/or assigns of WILLIAM WERNER, JR. deceased, STATE OF HAWAI#I, Office of Hawaiian Affairs, LVNV FUNDING LLC, COUNTY OF KAUAI, ROLAND STOER, SUSANNE SCHROEDER, owner and occupants of adjoining lands; (4)4-9-013-002 and JOHN DOES 1-100, JANE DOES 1-100, DOE PARTNERSHIPS 1-100, DOE CORPORATIONS 1-100, DOE ENTITIES 1-100, DOE GOVERNMENTAL ENTITIES 1-100 AND ALL OTHER UNKNOWN PERSONS CLAIMING ANY RIGHT, TITLE ESTATE, LIEN OR INTERESTS IN THE REAL PROPERTY DESCRIBED IN THE COMPLAINT ADVERSE TO PLAINTIFF'S TITLE, Defendants, LEONAE RODRIGUES, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 14-1-0265

SUMMARY DISPOSITION ORDER (By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.)

Defendant-Appellant Leonae Rodrigues (Rodrigues), self-

represented, appeals from a June 29, 2020 Order Denying

[Rodrigues's] "Motion the Court for Reconsideration on Hearing

Below" Filed February 28, 2020 (Order Denying Reconsideration)

entered by the Circuit Court of the Fifth Circuit (Circuit

Court).1 On temporary remand from this court, on January 25,

2021, the Circuit Court entered an Amended Judgment, which is

1 The Honorable Kathleen N.A. Watanabe presided.

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

final and appealable pursuant to Hawai#i Rules of Civil Procedure

Rule 54(b).

Rodrigues filed an Opening Brief, which we have

carefully reviewed. However, Rodrigues's Opening Brief does not

comply with the Hawai#i Rules of Appellate Procedure (HRAP) in

numerous and important ways. See, e.g., HRAP Rules 28(b)(4),

(7). We focus on the important infirmities because they hamper

our review of her appeal. Rodrigues does not include any points

of error or arguments that the Circuit Court erred in its rulings. Rodrigues does not include any citations to the record,

including where she contends that the Circuit Court erred and

where she raised her arguments or objections in the trial court.

Rodrigues cites no statutes, rules, cases or other legal

authorities supporting her contention that she is entitled to

relief. Most fundamentally, Rodrigues makes no cogent argument

that the Circuit Court erred in any way.

Hawai#i courts have long adhered to the policy of

affording litigants the opportunity to be heard on the merits

whenever possible. Morgan v. Planning Dep't, Cnty. of Kauai, 104

Hawai#i 173, 180-81, 86 P.3d 982, 989-90 (2004) (citing O'Connor

v. Diocese of Honolulu, 77 Hawai#i 383, 386, 885 P.2d 361, 364

(1994)). In view of this longstanding policy, self-represented

litigants like Rodrigues do not automatically have their access

to appellate review foreclosed because of failure to conform to

requirements of the procedural rules. Id. In that light, we

have carefully reviewed Rodrigues's statements to the extent they

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

can be discerned. We nevertheless conclude that no relief can be

granted on this appeal.

For these reasons, the Circuit Court's January 25, 2021

Amended Judgment is affirmed.

DATED: Honolulu, Hawai#i, June 6, 2024.

On the briefs: /s/ Katherine G. Leonard Acting Chief Judge Leonae Rodrigues, Defendant-Appellant Pro Se. /s/ Keith K. Hiraoka Associate Judge Glen T. Hale, for Plaintiffs-Appellees. /s/ Karen T. Nakasone Associate Judge