Brutsch v. BrutschAnnotate this Case
This case arose from a divorce proceeding between Husband and Wife. At issue in this appeal was Husband’s cross-appeal, in which he argued that the family court erred in failing to award him any Category 3 credit for gifts and inheritance, denying his request for Haw. R. Civ. P. 68 attorney’s fees, and awarding Wife attorney’s fees and costs. The intermediate court of appeals (ICA) vacated in part and affirmed in part, concluding (1) the family court erred in denying Husband any Category 3 credit; (2) as to the award of attorney’s fees under Hawaii Family Court Rules Rule 68, the matter must be remanded for further proceedings; and (3) the family court properly awarded attorney’s fees to Wife. The Supreme Court affirmed in part and vacated in part, holding (1) the ICA correctly ruled that the issue of Category 3 credits must be remanded, but, upon remand, the issue must be addressed pursuant to the supplemental instructions in this opinion; and (2) the ICA erred in vacating the family court’s denial of Husband’s Rule 68 motion, as Rule 68 is inapplicable in divorce cases. Remanded.