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First Hawaiian Bank v. Chadwick

Intermediate Court of Appeals of Hawaii

June 21, 2013

FIRST HAWAIIAN BANK, Plaintiff-Appellee,
v.
ROGER P. CHADWICK, Defendant-Appellant, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; DOE GOVERNMENTAL UNITS 1-10, Defendants

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 11-1-0164(2))

Roger P. Chadwick, Chief Judge Pro Se Defendant-Appellant.

Jonathan W.Y. Lai (Watanabe Ing LLP) for Plaintiff-Appellee.

Nakamura, C.J., Reifurth and Ginoza, JJ.

SUMMARY DISPOSITION ORDER

In this foreclosure case, Defendant-Appellant Roger P. Chadwick ("Chadwick") appeals[1] from the June 30, 2011 Judgment re: Findings of Fact, Conclusions of Law and Order Granting Plaintiff's Motion for Summary Judgment as to All Claims and All Parties, Interlocutory Decree of Foreclosure and Order of Sale and Notice of Entry of Judgment, entered by the Circuit Court of the Second Circuit ("Circuit Court").[2] Plaintiff-Appellee First Hawaiian Bank filed its motion for summary judgment as to all claims and all parties, interlocutory decree of foreclosure and order of sale on May 10, 2011.

As best as we can understand, [3] Chadwick argues that (1) genuine issues of material fact existed as to whether the Circuit Court had subject matter jurisdiction "to adjudicate [Chadwick] as a private contract law violator contrary to" the Statute of Frauds, Hawai'i Rules of Civil Procedure ("HRCP") Rule 17, and 12 U.S.C. § 1813[4]; (2) the Circuit Court failed to adjudge Chadwick's "timely initiated government's affirmative defense" raised pursuant to HRCP Rule 17; (3) the Statute of Frauds and HRCP Rule 17 "do not permit the lower court to proceed with any inappropriate action without first witnessing the ratification"; (4) the Circuit Court's "points of error in departing from its duties caused unconstitutional acts"; and (5) "agents of the lower court have effected a fraudulent conversion of [Chadwick's] Property . . . [and] subsequent inappropriate processing . . . [is] a joinder barred by" the Statute of Frauds, HRCP Rule 17, and the U.S. and Hawai'i constitutions.

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, we conclude that this appeal is without merit.

Therefore,

IT IS HEREBY ORDERED that the June 30, 2011 Judgment re: Findings of Fact, Conclusions of Law and Order Granting Plaintiff's Motion for Summary Judgment as to All Claims and All Parties, Interlocutory Decree of Foreclosure and Order of Sale and the Notice of Entry of Judgment are affirmed.


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