DL v. CL
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In Father's third appeal in a divorce proceeding the Supreme Court reversed the judgment of the intermediate court of appeals (ICA) except to the extent it affirmed the family court's order denying Father's motion for relief from judgment, holding that the ICA erred in determining that the family court's orders orders denying Father's motion to amend and motion for new trial were void and that both motions were untimely.
After the family court entered a divorce decree Father submitted to the family court a Hawai'i Family Court Rules (HFCR) Rule 52(b) motion to amend, a HFCR Rule 59 motion for new trial, and a HFCR Rule 60(a) motion for relief from judgment. The family court denied Father's motion to amend and motion for new trial. The ICA determined that the family court's orders denying Father's motion to amend and motion for new trial were void and that both motions were untimely. The Supreme Court reversed, holding (1) the ICA erred in holding that the motions to amend and for new trial were untimely; (2) the family court had jurisdiction to enter the orders; and (3) the family court did not abuse its discretion in denying Father's motion to amend and motion for new trial.
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