No. 27832 (February 29, 2008)
Opinion [pdf]
OPINION OF THE COURT BY FOLEY, J.
Defendant-Appellant Michael J. Shinn (Shinn) appeals from the "Order Denying Defendant Michael L. Shinn's rule 60(b) Motion on Statutory and Due Process Grounds (1) to Set Aside this Court's December 18, 2003, 'Order Granting Plaintiff's Motion to Extend Deficiency Judgment Against Defendants Michael J. Shinn and Kahala Ventures Entered on 12/21/93,' and (2) to Expunge this Court's December 21, 1993, 'Plaintiff Bank of Hawaii's Joint and Several Judgment Against Defendants Michael L. Shinn, Donald T. Eovino, and Kahala Ventures,' Recorded at the State of Hawaii Bureau of Conveyances on 12/21/93, as Document No. 93-211815, filed on January 17, 2006," filed on March 7, 2006, in the Circuit Court of the First Circuit (circuit court).
. . . .
On appeal, Shinn argues that he "was simultaneously deprived of (1) his State [Hawaii Revised Statutes (HRS)] Section 657-5 statutory procedural rights, (2) his Article 1 of Section 5 State Constitutional procedural rights, and (3) his Fifth and Fourteenth Amendment Federal Constitutional procedural rights when the [circuit] court without notice to him extended [BOH's] 1993 judgment against him, rendering that extension null and void, as a result of which [Shinn's] rule 60(b) Motion to set aside that judgment should have been granted."
. . . .
The "Order Denying Defendant Michael L. Shinn's rule 60(b) Motion on Statutory and Due Process Grounds (1) to Set Aside this Court's December 18, 2003, 'Order Granting Plaintiff's Motion to Extend Deficiency Judgment Against Defendants Michael J. Shinn and Kahala Ventures Entered on 12/21/93,' and (2) to Expunge this Court's December 21, 1993, 'Plaintiff Bank of Hawaii's Joint and Several Judgment Against Defendants Michael L. Shinn, Donald T. Eovino, and Kahala Ventures,' Recorded at the State of Hawaii Bureau of Conveyances on 12/21/93, as Document No. 93-211815, filed on January 17, 2006," filed on March 7, 2006, in the Circuit Court of the First Circuit is affirmed. [footnotes omitted]