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Finance Factors, Ltd. v. Bihn

Intermediate Court of Appeals of Hawaii

May 31, 2013

FINANCE FACTORS, LIMITED, a Hawai'i corporation, Plaintiff/Counter-Claim Defendant/Appellee,
v.
JOAN BIHN, Defendant/Counter-Claim Plaintiff/Appellant, and DEPARTMENT OF TAXATION, STATE OF HAWAI'I, Defendant/Appellee, and JOHN DOES 1-50, JANE DOES 1-50, DOE ENTITIES, Defendants/Appellees

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 10-1-0211(2))

Joan Bihn Defendant/Counter-claim Plaintiff/Appellant pro se.

Keith Y. Yamada Andrew G. Odell (Cades Schutte) for Plaintiff/Counter-claim Defendant/Appellee Finance Factors, Limited.

Foley, Presiding J., Fujise and Leonard, JJ.

SUMMARY DISPOSITION ORDER

Pro Se Defendant/Counterclaim Plaintiff/Appellant Joan Binh appeals from the following orders and judgment entered in the Circuit Court of the Second Circuit[1] (circuit court):

(1) the February 16, 2012 "Order Denying Defendant Joan Binh's Motion for an Emergency Stay to Vacate, Amend And, Or Modify Order, Pursuant To HRCP 60(b)(1), (3) and (6), Granting Plaintiff's Motion for Summary Judgment and Interlocutory Decree Of Foreclosure Filed May 26, 2011";
(2) the February 16, 2012 "Order Granting Plaintiff's Motion For Confirmation Of Sale, For Deficiency of Judgment, For Writ Of Possession And Cancellation Of Notice Of Pendency Of Action";
(3) the February 16, 2012 "Judgment"; and
(4) the April 9, 2012 "Order Denying Defendant Binh's Motion for Reconsideration of Judgment And Order Dated January 10, 2012 of Plaintiff Summary Judgment of Defendant's Counterclaim Filed Sept 28, 2010 Pursuant to Rule 59 And Rule 60(b) (3) and (6) of the Hawaii Rules of Civil Procedure." The circuit court found in favor on Plaintiff/Counterclaim Defendant/Appellee Finance Factors, Limited (Finance Factors) in this foreclosure action against Binh.

In this consolidated appeal Binh contends the circuit court erred when it:

(1) violated Title II of the Americans with Disabilities Act (ADA) by failing to provide reasonable accommodations for Binh's severe hearing impairment;
(2) denied Binh's motion for relief from judgment under Hawai'i Rules of Civil Procedure ...

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