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Kekuaokalani v. Gregory

Intermediate Court of Appeals of Hawai'i

February 13, 2015

KAUILANI C. KEKUAOKALANI (fka KAUILANI C. KEKUAOKALANI-GREGORY, Plaintiff-Appellant,
v.
ANTHONY H. GREGORY, JR., Defendant-Appellee

Editorial Note:

This decision is published in table format in the Pacific and Hawai'i reporter.

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT. FC-D NO. 10-1-1668.

On the briefs: Stephanie A. Rezents Thomas E. Crowley, (Rezents & Crowley, LLP), for Plaintiff-Appellant.

John C. Bryant, Jr., Lynne M. Youmans, for Defendant-Appellee.

By: Foley, Presiding Judge, Leonard and Ginoza, JJ.

SUMMARY DISPOSITION ORDER

Plaintiff-Appellant Kauilani C. Kekuaokalani (Kekuaokalani) appeals from: (1) a February 8, 2012 post-judgment order of the Family Court of the First Circuit (Family Court)[1] resolving Kekuaokalani's motion for post-decree relief regarding the distribution of debt and assets in the May 13, 2011 Divorce Decree that dissolved Kekuaokalani's marriage to Defendant-Appellee Anthony H. Gregory, Jr. (Gregory) (Post-Judgment Order re Short Trial); and (2) a March 6, 2012 order granting in part and denying in part Kekuaokalani's Hawai'i Family Court Rules Rule 59(e) motion to reconsider, alter or amend the February 8, 2012 Post-Judgment Order re Short Trial (Post-Judgment Order re Motion to Reconsider).

Kekuaokalani raises two points of error on appeal, contending that the Family Court erred in finding that: (1) Kekuaokalani was equally responsible for the payments due on the parties home equity line of credit owed to Bank of Hawai'i (the HELOC) and secured by the Popoki Street Property (the Property); and (2) Kekuaokalani's share of the HELOC can be offset, even in part, against the Equalization Payment ordered in the Divorce Decree.

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 resolve Kekuaokalani's points of error as follows:

(1) " When interpreting a decree/judgment, the determinative factor is the intention of the court as gathered from all parts of the decree/judgment itself." Rosales v. Rosales, 108 Hawai'i 370, 374, 120 P.3d 269, 273 (App. 2005) (citing Jendrusch v. Jendrusch, 1 Haw.App. 605, 609, 623 P.2d 893, 897 (1981)). See also Anderson v. Anderson, 59 Haw. 575, 584, 585 P.2d 938, 944 (1978). (" In construing the terms of a divorce decree, the determinative factor is the intent of the court as gathered from the decree and other evidence." ) (internal citations omitted).

The Divorce Decree provided, in relevant part:

11. Real Property.
(a) 45-169 Popoki Street, Kaneohe, HI. [Gregory] shall be awarded the real property located at 45-169 Popoki Street, Kaneohe, HI 96744. [Gregory] shall be responsible for all costs associated with this real property, ...

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