No. 28419 (Oct. 31, 2008)
Opinion [pdf]
OPINION OF THE COURT BY FOLEY, J.
Defendants-Appellants Joel L. Tacras (Tacras) and Nora R. Bell (collectively, Appellants) appeal from the Final Judgment filed on January 30, 2007 in the Circuit Court of the First Circuit (circuit court). The Final Judgment (1) entered judgment in favor of Plaintiff-Appellee Julita Caburnay Guray, aka Julita C. Guray (Guray) (2) provided in relevant part that a Default Judgment (Default Judgment) in favor of Appellants and against Alejandro Dela Cruz Guray (Alejandro), filed with the Assistant Registrar of the Land Court of the State of Hawaii (Land Court), "does not and shall not constitute a lien against the property situated at 94-275 Kahuahele Street, Waipahu, Hawaii 96797" (the Property); and (3) dismissed all other claims.
On appeal, Appellants argue that the circuit court erred by granting summary judgment in favor of Guray because the court erroneously
(1) ruled that the divorce of Guray and Alejandro automatically vested title to the Property in Guray alone;
(2) ruled that the Judgment and Marital Settlement Agreement (collectively, Divorce Decree) filed on September 26, 2003 in the California Superior Court, County of San Diego, operated to automatically transfer title of the Property solely to Guray;
(3) failed to rule that the lien created by the filing of the Default Judgment in the Land Court (judgment lien) constitutes a lien against "after acquired" property; and (4) failed to rule that Appellants' judgment lien attached to 50% of the Property.
Appellants ask this court to reverse the circuit court's January 30, 2007 Order Granting [Guray*s] Motion for Summary Judgment (Order Granting SJ), rule that Appellants hold a valid lien against the Property, and remand this case to circuit court for further proceedings consistent with that ruling.
. . . .
The Final Judgment filed on January 30, 2007 in the Circuit Court of the First Circuit is affirmed. [footnote omitted]
