Association of Condominium Homeowners of Tropics at Waikele v. Sakuma. ( 2013 )

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Electronically Filed
Supreme Court
SCWC-12-0000870
17-DEC-2013
07:53 AM
IN THE SUPREME COURT OF THE STATE OF HAWAI#I
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________________________________________________________________
ASSOCIATION OF CONDOMINIUM HOMEOWNERS OF TROPICS AT WAIKELE,
by its Board of Directors, Respondent/Plaintiff-Appellee,
vs.
PATSY NAOMI SAKUMA,
Petitioner/Defendant-Appellant,
and
FIRST HAWAIIAN BANK, a Hawai#i corporation; and WAIKELE COMMUNITY
ASSOCIATION, a Hawai#i nonprofit corporation,
Respondents/Defendants-Appellees.
________________________________________________________________
SCWC-12-0000870
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-12-0000870; CIV. NO. 07-1-1487)
DECEMBER 17, 2013
ACOBA, McKENNA, AND POLLACK, JJ.,
AND CIRCUIT JUDGE KUBO, IN PLACE OF RECKTENWALD, C.J., RECUSED,
WITH NAKAYAMA, ACTING C.J., DISSENTING
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OPINION OF THE COURT BY McKENNA, J.
Petitioner/Defendant-Appellant, Patsy Naomi Sakuma
(“Sakuma”) seeks review of the Intermediate Court of Appeals’
January 11, 2013 order dismissing Sakuma’s appeal for lack of
appellate jurisdiction. Sakuma appealed from the Circuit Court
of the First Circuit’s May 29, 2012 judgment on the order
confirming the sale of a foreclosed property. The Intermediate
Court of Appeals (“ICA”) dismissed the appeal for lack of
appellate jurisdiction because it determined that Sakuma’s appeal
was untimely under Rule 4(a)(1) and 4(a)(3) of the Hawai#i Rules
of Appellate Procedure (“HRAP”).
For the reasons set forth below, we hold that the ICA
had jurisdiction. Accordingly, we vacate the ICA’s dismissal
order and remand to the ICA for further proceedings consistent
with this opinion.
I. FACTUAL AND PROCEDURAL BACKGROUND
In 2007, the Association of Condominium Homeowners of
Tropics at Waikele (“AOAO”) commenced a judicial foreclosure on
Sakuma’s condominium unit after she failed to pay her maintenance
fees and other association dues. On June 10, 2008, the Circuit
Court of the First Circuit (“circuit court”) entered a default
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judgment and foreclosure decree.1 The circuit court confirmed
the sale to a third-party bidder on August 31, 2010. The winning
bidder subsequently withdrew his offer due to a delay in closing.
The circuit court permitted the auction to be reopened and
confirmed the sale to a new third-party purchaser by order and
judgment entered on May 29, 2012.2
On June 7, 2012, Sakuma timely filed a Hawai#i Rules of
Civil Procedure (“HRCP”) Rule 59 motion for reconsideration on
the May 29, 2012 order and judgment confirming the foreclosure
sale. The circuit court did not rule on the motion within ninety
days. On October 16, 2012, Sakuma appealed the May 29, 2012
judgment.
On January 11, 2013, the ICA dismissed Sakuma’s appeal
for lack of jurisdiction because it determined that her appeal
was untimely under HRAP Rules 4(a)(1) and 4(a)(3). According to
the ICA, Sakuma failed to timely appeal following the deemed
denial of a post-judgment tolling motion. The circuit court did
not issue a decision on Sakuma’s motion for reconsideration
within ninety days. As a result, the motion was automatically
1
The Honorable Karen N. Blondin presided.
2
The Honorable Bert I. Ayabe presided.
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deemed denied under HRAP Rule 4(a)(3) on September 5, 2012. The
ICA determined that HRAP Rule 4(a)(3) required Sakuma to file her
notice of appeal by October 5, 2012, thirty days after the deemed
denial of her motion; she filed her appeal on October 16, 2012,
which it deemed untimely.
II. STANDARD OF REVIEW
A. Jurisdiction
“The existence of jurisdiction is a question of law
that we review de novo under the right/wrong standard.” State v.
Bohannon, 102 Hawai#i 228, 232, 74 P.3d 980, 984 (2003) (quoting
Amantiad v. Odum, 90 Hawai#i 152, 158, 977 P.2d 160, 166 (1999))
(internal citation and quotation marks omitted).
B. Interpretation of Court Rules
“The interpretation of a rule promulgated by the courts
involves principles of statutory construction.” Cresencia v.
Kim, 85 Hawai#i 334, 335-36, 944 P.2d 1277, 1278-79 (1997)
(citing Price v. Obayashi Hawaii Corp., 81 Hawai#i 171, 176, 914
P.2d 1364, 1369 (1996)). “[T]he interpretation of a statute . . .
is a question of law reviewable de novo.” Bohannon, 102 Hawai#i
at 232, 74 P.3d at 984 (2003) (citations omitted).
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III. DISCUSSION
The time for filing a notice of appeal is governed by
HRAP Rule 4 (as amended in 2012), which provides in relevant
part:
(a) Appeals in Civil Cases.
(1) When a civil appeal is permitted by law, the notice of
appeal shall be filed within 30 days after entry of the
judgment or appealable order.
. . .
(3) If any party files a timely motion for judgment as a
matter of law, to amend findings or make additional
findings, for a new trial, to reconsider, alter or amend the
judgment or order, or for attorney’s fees or costs, the time
for filing the notice of appeal is extended until 30 days
after entry of an order disposing of the motion; provided,
that the failure to dispose of any motion by order entered
upon the record within 90 days after the date the motion was
filed shall constitute a denial of the motion.
(emphasis added).
Under HRAP Rule 4(a)(3), a timely post-judgment motion
tolls the time to file a notice of appeal until thirty days after
the entry of an order disposing of the motion. When Sakuma filed
her June 7, 2012 motion for reconsideration within ten days after
entry of the May 29, 2012 judgment, she extended the thirty-day
time period under HRAP Rule 4(a)(1) for filing a notice of
appeal. Pursuant to HRAP Rule 4(a)(3), the deadline was extended
until thirty days after entry of an order disposing of the
motion.
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The ICA determined that Sakuma’s appeal was untimely
because she did not file the notice of appeal within thirty days
after her motion for reconsideration was deemed denied. However,
HRAP Rule 4(a)(1) requires an entry of an order to trigger the
thirty-day appeal period in HRAP Rule 4(a)(3).
“The fundamental starting point for statutory
interpretation is the language of the statute itself.” Awakuni
v. Awana, 115 Hawai#i 126, 133, 165 P.3d 1027, 1034 (2007)
(citation omitted). “[C]ourts are bound to give effect to all
parts of a statute, and that no clause, sentence, or word shall
be construed as superfluous, void, or insignificant if a
construction can be legitimately found which will give force to
and preserve all words of the statute.” Keliipuleole v. Wilson,
85 Hawai#i 217, 221, 941 P.2d 300, 304 (1997) (citations
omitted). In defining “entry of judgment or order,” HRAP Rule
4(a)(5) clearly states, “a judgment or order is entered when it
is filed in the office of the clerk of the court.” The deadline
to file Sakuma’s appeal was suspended until such entry was made.
Therefore, we hold that when a timely post-judgment
tolling motion is deemed denied, it does not trigger the thirty-
day deadline for filing a notice of appeal until entry of the
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judgment or appealable order pursuant to HRAP Rules 4(a)(1) and
4(a)(3).
IV. CONCLUSION
Based on the foregoing, we vacate the ICA’s January 11,
2013 dismissal order and remand to the ICA for further
proceedings.
Patsy Naomi Sakuma, /s/ Simeon R. Acoba, Jr.
pro se
/s/ Sabrina S. McKenna
/s/ Richard W. Pollack
/s/ Edward H. Kubo, Jr.
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