James B. Nutter & Co. v. Namahoe
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The Supreme Court reversed the judgment of the circuit court denying Appellant's Haw. R. Civ. P. 60(b)(6) motion for relief from a judgment of foreclosure, holding that the lender, James B. Nutter Company (JBNC), committed fraud on the court and that the balance of equities weighed against foreclosure.
JBNC brought the underlying foreclosure proceeding against Appellant for allegedly defaulting in the observance and performance of the terms, covenants and conditions of his mortgage by failing to make $500 worth of repairs. The circuit court granted JBNC's motion for summary judgment and decree of foreclosure, after which Appellant brought this motion for relief. The circuit court denied relief. The intermediate court of appeals (ICA) affirmed. The Supreme Court reversed, holding that there were grounds for relief both on a fraud on the court theory and under the equitable principles governing foreclosure.
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