No. 28702 (February 12, 2009)
Opinion [pdf]
OPINION OF THE COURT BY FOLEY, J.
Defendant-Appellant Imelda Marcos (Imelda) appeals from the "Order Granting (1) Plaintiff's' Motion for Extension of Fourth Amended Final Judgment Filed on September 6, 2001, Filed on May 8, 2007 [and] (2) Plaintiffs' Motion for Extension of Second Amended Judgment Filed on October 18, 1999, Filed on May 8, 2007" (Order) filed on July 24, 2007 in the Circuit Court of the First Circuit (circuit court). The circuit court extended the expiration dates of the Second Amended Judgment until October 17, 2019 and the Fourth Amended Judgment until September 5, 2021.
On appeal, Imelda argues that the circuit court erred (1) in finding that the Second Amended Judgment and Fourth Amended Judgment (collectively, the Second and Fourth Amended Judgments) constituted original judgments to which extensions could be granted pursuant to Hawaii Revised Statutes (HRS) § 657-5 (Supp. 2008) and (2) by granting the Motion for Extension of Second Amended Judgment and the Motion for Fourth Amended Judgment filed by Plaintiffs-Appellees The Estate of Roger Roxas (Roxas Estate) and The Golden Budha Corporation (GBC) (collectively, the Roxas Parties).
. . . .
The "Order Granting (1) Plaintiff's' Motion for Extension of Fourth Amended Final Judgment Filed on September 6, 2001, Filed on May 8, 2007 [and] (2) Plaintiffs' Motion for Extension of Second Amended Judgment Filed on October 18, 1999, Filed on May 8, 2007" filed on July 24, 2007 in the Circuit Court of the First Circuit is reversed. [footnotes omitted]
Concurring Opinion by J. Leonard pdf; Dissenting Opinion by J. Nakamura pdf.