Hawaiian Ranchos Road Maintenance Corporation v. Halvorsen
CourtHawaii Intermediate Court of Appeals
Date FiledJune 24, 2026
DocketCAAP-24-0000408
StatusPublished
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Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
24-JUN-2026
07:54 AM
Dkt. 264 SO
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
HAWAIIAN RANCHOS ROAD MAINTENANCE CORPORATION,
Plaintiff/Counterclaim Defendant-Appellee,
v.
JERRY HALVORSEN; LARRY SHELTON; GEORGE CLINE;
RAY RAQUINIO; JERRY FINE,
Defendants/Counterclaimants-Appellees, and
JUDITH BOND; STANLEY TROELLER, Defendants-Appellees,
and
NANCY BONDURANT, Defendant-Appellant,
and DOES 1-20, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CASE NO. 3CC181000222)
SUMMARY DISPOSITION ORDER
(By: Nakasone, Chief Judge, Hiraoka and Guidry, JJ.)
Nancy Bondurant, representing herself, appeals from the
April 24, 2024 order denying her motion to vacate a judgment and
writ of execution, and the May 21, 2024 order denying her motion
for reconsideration of the April 24, 2024 order, entered by the
Circuit Court of the Third Circuit.1 We affirm.
Hawaiian Ranchos Road Maintenance Corporation maintains
the roads in the Hawaiian Ocean View Ranchos Subdivision in Ka#û.
In 2018 Corporation sued several people (not including
Bondurant), all of whom owned property in the Subdivision. It
alleged that the defendants conducted an invalid election,
declared themselves to be Corporation's directors, and interfered
1
The Honorable Henry T. Nakamoto presided.
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
with Corporation's operations, which prevented Corporation from
conducting business. In January 2021 an amended complaint added
Bondurant as a defendant.
On September 6, 2022, a Final Judgment for $55,141.41
was entered for Corporation against Bondurant. Bondurant did not
appeal from the Judgment. A Writ of Execution against Bondurant
was entered on December 15, 2023.
On January 4, 2024, Bondurant moved to vacate the
Judgment under Hawai#i Rules of Civil Procedure (HRCP)
Rule 60(b)(4) and to discharge the Writ under Hawaii Revised
Statutes (HRS) § 651-18. The circuit court denied the motion on
April 24, 2024.
Bondurant timely moved for reconsideration on May 6,
2
2024. The circuit court entered an order denying
reconsideration on May 21, 2024. This appeal followed.
Bondurant states two points of error. She contends the
circuit court erred by (1) denying her motion to vacate the
Judgment and discharge the Writ; and (2) denying her motion for
reconsideration.
(1) HRCP Rule 60(b)(4) allows relief from a final
judgment if "the judgment is void[.]" For purposes of the rule,
"a judgment is void only if the court that rendered it lacked
jurisdiction of either the subject matter or the parties or
otherwise acted in a manner inconsistent with due process of
law." In re Hawaiian Elec. Co., 149 Hawai#i 343, 362, 489 P.3d
1255, 1274 (2021).
"The existence of jurisdiction is a question of law
that we review de novo under the right/wrong standard." Maui
Lani Neighbors, Inc. v. State, 156 Hawai#i 520, 532, 575 P.3d
610, 622 (2025). Questions of constitutional law are also
reviewed de novo under the right/wrong standard. Id. at 533, 575
P.3d at 623.
(a) Bondurant's opposition to Corporation's motion to
amend its complaint stated she owned property in the Subdivision
2
The 10th day after April 24, 2024 was Saturday, May 4, 2024. See
HRCP Rule 6(a).
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and was "a resident of the County of Hawai#i, State of Hawai#i."
She was subject to personal jurisdiction in circuit court.
Arakaki v. Arakaki, 54 Haw. 60, 62–63, 502 P.2d 380, 382 (1972).
(b) The circuit courts have general jurisdiction over
civil cases. HRS § 603-21.5(a)(3) (2016). The circuit court had
jurisdiction over the subject matter of Corporation's amended
complaint. Bondurant's arguments to the contrary are based on
her disagreement with the circuit court's procedure and
decisions. Procedural or substantive error does not deprive a
court of subject matter jurisdiction. Mattos v. Wilcox, 10 Haw.
186, 187 (Haw. Rep. 1896) ("Jurisdiction is the power to hear and
determine, and does not depend upon the correctness of the
decision made."). Bondurant waived her objections to any
procedural or substantive error by failing to timely appeal from
the Judgment.
(c) "The basic elements of procedural due process of
law require notice and an opportunity to be heard at a meaningful
time and in a meaningful manner[.]" Winn v. Brady, 156 Hawai#i
119, 125, 570 P.3d 1086, 1092 (2025). The record reflects the
circuit court acted consistent with due process of law.
Bondurant argues the order denying her motion to vacate
"is legally deficient because it failed to provide a clear and
reasoned explanation, despite [her] explicitly demanding one."
HRCP Rule 52(a) requires entry of findings of fact and
conclusions of law only for jury-waived trials or where there is
an advisory jury. "Findings of fact and conclusions of law are
unnecessary on decisions of motions under Rules 12 [(motions to
dismiss)] or 56 [(motions for summary judgment)] or any other
motion[.]" HRCP Rule 52(a) (emphasis added). The circuit court
was not required to enter findings of fact or conclusions of law
when it denied Bondurant's HRCP Rule 60(b)(4) motion.
(d) HRS § 651-18 (2016) provides that a writ of
attachment shall be discharged if it was "improperly issued."
Bondurant did not appeal from the Judgment. Other than
challenging the Judgment, she offers no argument why the Writ was
improperly issued.
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We conclude the circuit court had jurisdiction over
Bondurant and the subject matter of Corporation's amended
complaint, and acted consistent with due process of law. The
circuit court did not err by denying Bondurant's motion to vacate
the Judgment and discharge the Writ.
(2) Denial of a motion for reconsideration is reviewed
for abuse of discretion. Amfac, Inc. v. Waikiki Beachcomber Inv.
Co., 74 Haw. 85, 114, 839 P.2d 10, 26 (1992). "The purpose of a
motion for reconsideration is to allow the parties to present new
evidence and/or arguments that could not have been presented
during the earlier adjudicated motion. A motion for
reconsideration is not time to relitigate old matters." Id. at
114, 839 P.2d at 27 (cleaned up).
Bondurant claims she moved for reconsideration "to
correct errors of law, — appellant's unanswered jurisdictional
challenge and the denial of relief under Rule 60(b)(4)." Her
vehicle for that relief is this appeal. Her motion for
reconsideration did not present new evidence or arguments that
could not have been presented with her motion to vacate. The
circuit court did not abuse its discretion when it denied
Bondurant's motion for reconsideration.
The circuit court's April 24, 2024 order denying
Defendant Nancy Bondurant's Motion to Vacate Count V Final
Judgment Dated September 6, 2022, and for Discharge of Improperly
Issued Writ of Execution as to Defendant Nancy Bondurant Dated
December 15, 2023, and May 21, 2024 Order Denying Defendant's Ex
Parte Motion for Reconsideration of Defendant Nancy Bondurant's
Motion to Vcaate [sic] Count V Final Judgment Dated September 6,
2022, and for Discharge of Improperly Issued Writ of Execution as
to Defendant Nancy Bondurant Dated December 15, 2023, are
affirmed.
DATED: Honolulu, Hawai#i, June 24, 2026.
On the briefs:
/s/ Karen T. Nakasone
Nancy Bondurant, Chief Judge
Self-represented
Defendant–Appellant. /s/ Keith K. Hiraoka
Associate Judge
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David H. Lawton,
Emil A. Macasinag, /s/ Kimberly T. Guidry
Evans Smith, Associate Judge
for Plaintiff-Counterclaim
Defendant-Appellee
Hawaiian Ranchos Road
Maintenance Corporation.
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