Morinoue v. Roy

947 P.2d 944, 86 Haw. 76, 1997 Haw. LEXIS 91
CourtHawaii Supreme Court
DecidedNovember 4, 1997
Docket19503
StatusPublished
Cited by27 cases

This text of 947 P.2d 944 (Morinoue v. Roy) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Morinoue v. Roy, 947 P.2d 944, 86 Haw. 76, 1997 Haw. LEXIS 91 (haw 1997).

Opinion

LEVINSON, Justice.

The defendants-appellants Carlton A. Roy and David D. Roy (collectively, the Roys) appeal the amended judgement of the circuit court entered against them and in favor of the plaintiffs-appellees Alvin H. Morinoue and Ayako Mizukami Morinoue (collectively, the Morinoues) 1 on the bases (1) that there was no genuine issue of material fact and (2) that, “as a matter of law, [the Morinoues] ... established their claim of adverse possession from at least 1924 to 1934 (ten years) to the subject property,” thereby “quieting title in their favor.”

On appeal, the Roys contend that the circuit court erred in granting the Morinoues’ motion for summary judgment as a matter of law because the Morinoues had either failed (1) to establish a prima facie case of adverse possession or (2) to eliminate all genuine issues of material fact. We hold that the Morinoues failed to establish a prima facie case of adverse possession and that they are therefore not entitled to summary judgment as a matter of law. Accordingly, we vacate the amended judgment of the circuit court and remand for further proceedings consistent with this opinion.

I. BACKGROUND

A. Procedural History

On March 27, 1990, the Morinoues filed an action to quiet title (or, in the alternative, for partition) with respect to a parcel of approximately three acres of land, located in Hólua-loa, North Kona, County of Hawai'i, and described as “Land Commission Award 9932 to Lumaawe” (L.C.A.9932). On June 6,1990, they amended their complaint to name — as additional defendants — numerous parties who could potentially claim an interest in L.C.A. 9932. On July 31, 1990, the Roys filed an answer to the Morinoues’ amended complaint, as well as a counterclaim asserting a claim of title to the property in their own right.

On November 22,1994, the Morinoues filed a motion for summary judgment, claiming title to L.C.A. 9932 through adverse possession. The Roys opposed the motion by memorandum, affidavits, and exhibits. A hearing was held on March 16, 1995, and, on May 1, 1995, the circuit court entered an order granting the motion, ruling as a matter of law that the Morinoues had “established their claim of adverse possession from at least 1924 to 1934 (ten years) to the subject property,” thereby “quieting title in their favor.”

“Judgment” in favor of the Morinoues was initially entered on May 10, 1995. The Roys filed their first notice of appeal on May 24, 1995. This court thereafter dismissed the appeal on the basis that the circuit court’s “judgment” failed to satisfy the requirements *78 of Hawaii Rules of Civil Procedure (HRCP) Rule 58 because it did not specifically enter judgment against the Roys. Morinoue v. Heirs and Assigns of Lumaawe, No. 19009 (Haw. June 21, 1995).

On September 26, 1995, the circuit court filed an order amending the May 10, 1995 “judgment” expressly to state that “judgment” had been entered in favor of the Mori-noues and against the Roys “and all other defendants and parties.” The Roys filed a new notice of appeal on October 3, 1995, but we dismissed the appeal once again because no separate amended judgment had been entered. Morinoue v. Heirs and Assigns of Lumaawe, No. 19310 (Haw. Nov. 30, 1995).

On December 19, 1995, the circuit court finally filed a separate amended judgment in favor of the Morinoues and against all other parties, including the Roys. The Roys filed a third notice of appeal on December 28, 1995, giving rise to the present matter, which we now consider on the merits.

B. Factual History

In support of their motion for summary judgment, the Morinoues attached copies of deeds relating to their claim of title to L.C.A. 9932, an affidavit of their attorney, Arlette Harada, purporting to authenticate the deeds, and an affidavit of Ayako Morinoue concerning the Morinoues’ possession and use of the subject property. The Roys appended the following to their memorandum in opposition: (1) a copy of a tax map that reflected, inter alia, L.C.A. 9932; (2) a copy of the will of John A. Hoopale, dated March 6, 1949; (3) a copy of the circuit court’s order, dated April 13, 1965, approving the executrixes’ first and final accounting, as supplemented, regarding the estate of John Hoopale, which determined the devisees entitled thereto, distributed the estate, and discharged the executrixes; (4) a copy of a deed, described infra; (5) an affidavit of the defendant Carlton A. Roy attesting in various respects to his family’s ownership of L.C.A. 9932; 2 and (6) an affidavit of Mark Van Pernis, the Roys’ attorney, purporting to authenticate the documentary exhibits.

Neither the Morinoues nor the Roys dispute the factual representations contained in the deeds and documents pertaining to John Hoopale’s estate, although both challenge the admissibility of a number of them, see supra note 2 and infra note 5. Lumaawe, the original patentee of L.C.A. 9932, had one son— Kealalio. Kealalio and his wife — Keliiokala-ni — had one daughter — Kaoo (also known as Mary Kaoo Koloneiole) — and seven sons— Kekalo, Papa, Lono, Kainaina, Hoopale, Ka-waihoolahonua, and Kealalio (also known as Joseph Kealalio). Kaoo, in turn, had three children — Alinakai Kepoikai, Ami Charman, and John A. Hoopale. Although the record contains no documentation establishing the prior chain of title to L.C.A. 9932, the Mori-noues and Roys each assume as fact that John A. Hoopale had an interest in the subject property by virtue of his relation to Lumaawe. Accordingly, based on different transactions and events, both the Morinoues and the Roys trace their claimed chains of paper title to L.C.A. 9932 from John A. Hoopale.

1. The Morinoues’ claim to L.C.A 9932

a. title by conveyance

The Morinoues trace their chain of paper title as follows: On October 13, 1920, John A. Hoopale and his wife, Lily K. Hoopale, sold their interest in L.C.A. 9932 to Kinshiro Yamamoto. Yamamoto sold the subject property to Mitsuru Mizukami on April 12, 1924. On September 26, 1941, Mizukami transferred her interest in the property to her daughter, Ayako Morinoue. On November 16, 1970, Ayako Morinoue transferred a remainder interest in the property to her son, the plaintiff Alvin H. Morinoue, reserving a life estate for herself.

*79 b. title by adverse possession

In addition, the Morinoues attached an affidavit of Ayako Morinoue to their memorandum in support of their motion for summary judgment. Ayako Morinoue’s affidavit averred in relevant part:

1. Your Affiant is one of the Plaintiffs in the instant action;
2. This Affidavit is made upon Affiant’s personal knowledge;
3. Affiant, her mother, Mitsuru Mizu-kami[,] and/or her son, Alvin H. Morinoue, (hereafter collectively “Plaintiffs”[ 3

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947 P.2d 944, 86 Haw. 76, 1997 Haw. LEXIS 91, Counsel Stack Legal Research, https://law.counselstack.com/opinion/morinoue-v-roy-haw-1997.