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Federal National Mortgage Association v. Lee T.Y. Bise

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII


March 15, 2013

FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF/COUNTERCLAIM DEFENDANT/APPELLEE,
v.
LEE T.Y. BISE, DEFENDANT/PLAINTIFF COUNTER CLAIMANT/APPELLANT, BRANDON CHAMBERLAIN, JESSICA DUARTE, LAURA F. CORDES, JOHN DOES 1-50, AND JANE DOES 1-50, DEFENDANTS-APPELLEES, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY; FLAGSTAR BANK, FSB; FLAGSTAR BANK; JOHN AND MARY DOES 1-20; AND DOE CORPORATIONS AND ENTITIES 1-20, COUNTERCLAIM DEFENDANTS/APPELLEES

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 11-1-0478)

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

SUMMARY DISPOSITION ORDER

(By: Foley, Presiding J., Fujise and Ginoza, JJ.)

Defendant-Plaintiff Counter Claimant/Appellant Lee T.Y. Bise appeals from the November 29, 2011 Judgment for Possession entered in favor of Plaintiff-Appellee Federal National Mortgage Association in the Circuit Court of the Second Circuit*fn1 . Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, as well as the relevant statutory and case law, we conclude this appeal is without merit.

Our appellate courts have repeatedly held that claims involving the applicability of the Kingdom of Hawaii laws are without merit. The Hawaii Supreme Court in State v. Kaulia, 128 Hawaii 479, 487, 291 P.3d 377, 385 (2013) reaffirmed this holding where it wrote:

Kaulia appears to argue that he is immune from the court's jurisdiction because of the legitimacy of the Kingdom government. In that regard, we reaffirm that "[w]hatever may be said regarding the lawfulness" of its origins, "the State of Hawaii . . . is now a lawful government." State v. Fergerstrom, 106 Hawaii 43, 55, 101 P.3d 652, 664 (App. 2004), aff'd, 106 Hawaii 41, 101 P.3d 225 (2004). Individuals claiming to be citizens of the Kingdom and not of the State are not exempt from application of the State's laws. See Id. at 55, 101 P.3d at 664; State v. Lorenzo, 77 Hawaii 219, 883 P.2d 641 (App. 1994); State v French, 77 Hawaii 222, 883 P.2d 644 (App. 1994);

Nishitani v. Baker, 82 Hawaii 281, 921 P.2d 1182 (App. 1996); State v. Lee, 90 Hawaii 130, 976 P.2d 444 (1999). Therefore, IT IS HEREBY ORDERED that the Judgment for Possession entered November 29, 2011 in the Circuit Court of the Second Circuit is affirmed.

Presiding Judge

Associate Judge

Associate Judge


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