ASSOCIATION OF CONDOMINIUM HOMEOWNERS OF TROPICS AT WAIKELE, by its Board of Directors, Respondent/Plaintiff-Appellee,
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.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-12-0000870; CIV. NO. 07-1-1487)
Patsy Naomi Sakuma, pro se.
ACOBA, McKENNA, AND POLLACK, JJ., AND CIRCUIT JUDGE KUBO, IN PLACE OF RECKTENWALD, C.J., RECUSED, WITH NAKAYAMA, ACTING C.J., DISSENTING
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 judgment and foreclosure decree. 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.
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 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
"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 ...