Goss v. Keahialaka

NO. 21896

IN THE SUPREME COURT OF THE STATE OF HAWAI`I


JOHN T. GOSS, as Trustee in Bankruptcy of
HAMAKUA SUGAR COMPANY, INC., and ENSERCH DEVELOPMENT
CORPORATION HAMAKUA, INC., Plaintiffs-Appellees

vs.

KEAHIALAKA (w), aka KEAHI, et al., Defendants

and

MELVIN GLENN MASON, SR. and MATHILDA NOELANI
BATALONA MASON, Defendants-Appellants


APPEAL FROM THE THIRD CIRCUIT COURT
(CIV. NO. 96-022)

ORDER DENYING MOTION FOR RECONSIDERATION
(By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.)

Upon consideration of Defendants-Appellants Melvin Glenn Mason, Sr. and Mathilda Noelani Batalona Mason’s “Memorandum Opposition to the Supreme Court of the State of Hawaii’s May Term to Summary Disposition Order file[d] on May 9, 2001,” which this court will deem as a motion for reconsideration of the Summary Dispositon Order filed on May 9, 2001,

IT IS HEREBY ORDERED that the motion for reconsideration filed on May 24, 2001 is denied.

DATED: Honolulu, Hawai`i, June 4, 2001.

Melvin Glenn Mason, Sr. and
Mathilda Noelani Batalona
Mason, Defendants-Appellants
pro se, on the motion

Goss v. Keahialaka

Goss v. Keahialaka

NO. 21896 IN THE SUPREME COURT OF THE STATE OF HAWAI`I ____________________________________________________________________________ JOHN T. GOSS, as Trustee in Bankruptcy of HAMAKUA SUGAR COMPANY, INC., and ENSERCH DEVELOPMENT CORPORATION HAMAKUA, INC., Plaintiffs-Appellees vs. KEAHIALAKA (w), aka KEAHI, et al., Defendants and MELVIN GLENN MASON, SR. and MATHILDA NOELANI BATALONA MASON, Defendants-Appellants ____________________________________________________________________________ APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 96-022) SUMMARY DISPOSITION ORDER (By: Moon, C.J., Levinson, Nakayama, Ramil, and Acoba, JJ.) In this quiet title action, defendants-appellants Melvin and Mathilda Mason (the Appellants) appeal from the third circuit court’s final judgment entered May 5, 1998 quieting title in, among other parcels of real estate, Royal Patent Grant No. 1968 to Kanalua in plaintiffs-appellees John T. Goss, trustee in bankruptcy of Hamakua Sugar Company, Inc., and Enserch Development Corporation Hamakua, Inc. (the Appellees). On appeal, the Appellants, proceeding pro se, argue, inter alia, that the circuit court erroneously granted the Appellees’ motions for summary judgment as to Royal Patent Grant No. 1968 to Kanalua. Upon carefully reviewing the record and briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we hold, by virtue of the Appellants’ noncompliance with Hawai`i Rules of Appellate Procedure (HRAP) Rules 28(b)(3) (requiring a statement of the case, together with record references), and 28(b)(4) (requiring a concise statement of points of error on appeal), as well as the Appellants’ failure to advance a comprehensible argument as required by HRAP Rule 28(b)(7), that the Appellants have failed to provide viable arguments so as to enable this court to determine whether there is any theory which might entitle the Appellants to relief. Mendes v. Heirs and/or Devisees of Kealakai, 81 Hawai`i 165, 169, 914 P.2d 558, 562 (App. 1996). Because the judgment of the circuit court comes before this court with a presumption of validity, State v. Makaila, 79 Hawai`i 40, 45, 897 P.2d 967, 972 (1995), the Appellees are entitled to an affirmance. Ala Moana Boat Owners’ Ass`n v. State, 50 Haw. 156, 158-59, 434 P.2d 516, 518 (1967). Moreover, this court has found no error in law or equity which would entitle the Appellants to relief. Therefore, IT IS HEREBY ORDERED that the circuit court’s August 17, 1998 amended final judgment is affirmed. DATED: Honolulu, Hawai`i, May 9, 2001. On the briefs: Melvin Glenn Mason, Sr. and Mathilda Noelani Batalona Mason, defendants-appellants pro se Tom C. Leuteneker and Sherrill Atwood, of Carlsmith Ball Wichman Case & Ichiki, for plaintiffs-appellees

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