Opinion
24169
June 26, 2002.
APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 90-3753)
On the briefs:
Danny Harris Jenkins, Defendant-Appellant, pro se. Philip J. Leas and James H. Ashford (Cades, Schutte Fleming Wright) for Plaintiffs-Appellees.
BURNS, C.J., WATANABE AND LIM, JJ.
MEMORANDUM OPINION
Defendant-Appellant Danny Harris Jenkins (Jenkins) appeals from the circuit court's February 23, 2001 "Order Denying Defendant Danny Harris Jenkins' Motion to Vacate Judgment Filed on January 4, 2001" (February 23, 2001 Order). We affirm.
BACKGROUND
The relevant events occurred as follows.
Prior Appeal Nos. 16978 and 17456 February 5, 1993 In Jackson v. Jenkins, Civil No. 90-3753-11, First Circuit Court, State of Hawai`i, the jury presented its special verdict.
February 26, 1993 The court entered its Findings of Fact and Conclusions of Law.
March 1, 1993 The court entered its Judgment in Favor of Plaintiffs Orin S. Jackson and Doris M. J. Jackson Against Defendant Danny Harris Jenkins (March 1, 1993 Judgment).
February 11, 1997 In response to Jenkins' appeal in nos. 16978 and 17456, this court affirmed the March 1, 1993 judgment.
Prior Appeal No. 18571
November 15, 1993 The circuit court entered an order granting a motion to dismiss the complaint filed in Jenkins v. Cades Schutte Fleming Wright, Civil No. 93-3359-08, First Circuit Court, State of Hawai`i.
April 28, 1997 In response to Jenkins' appeal in no. 18571, this court affirmed the order.
Prior Appeal No. 19698
January 21, 1994 The circuit court entered an order granting a motion to dismiss the complaint filed in Jenkins v. Cades Schutte Fleming Wright, Civil No. 93-3956-10, First Circuit Court, State of Hawai`i.
May 5, 1997 In response to Jenkins' appeal in no. 19698, this court affirmed the order.
This Appeal No. 24169
January 4, 2001 Jenkins filed a motion, pursuant to Hawai`i Rules of Civil Procedure Rule 60(b)(4), to vacate the March 1, 1993 Judgment.
February 23, 2001 The circuit court entered its order denying the motion.
March 23, 2001 Jenkins filed the notice of this appeal.
DISCUSSION
It has been concluded that a judgment is void when the court entering it acted in a manner inconsistent with due process of law. 11 Wright, Miller Kane, Federal Practice and Procedure, Civil 2d § 2862 (1995).
In the First Amended Opening Brief, Jenkins presents the following four points on appeal:
1. POINT 1: the court below erred in denying the motion to vacate the Judgment because the trial court erred in permitting the jury to decide whether or not [Jenkins] was in breach of the Lease.
. . . .
2. POINT 2: The court below erred in denying the motion to vacate the Judgment because the trial court erred in permitting the jury to decide whether or not there existed an oral contract to convey Parcel 10 for $105,000. . . .
Defendant-Appellant Danny Harris Jenkins (Jenkins) also argues that, as a matter of law, the acts claimed to have done in part performance (placing a house on Parcel 9 and various agricultural activities) were insufficient to establish part performance. In appeal nos. 16978 and 17456, this court decided in its Summary Disposition Order No. 97-12, entered on February 11, 1997, in relevant part as follows: "2. There was substantial evidence to establish the existence of an oral contract for the sale of Parcel 10 for $105,000."
. . . .
3. POINT 3: The Court below erred in denying the motion to vacate the Judgment because the trial court erred by ignoring the jury's answer to special verdict interrogative 16 which was inconsistent with special verdict interrogatives 1, 2, and 3.
. . . .
4. POINT 4: The court below erred in denying the motion to vacate the Judgment because the trial court erred in approving a form of deed for Parcels 9 and 10 that deleted any reference to the existing mortgages encumbering those properties.
In Jenkins v. Cades Schutte Fleming Wright, Civil No. 93-3359-08, First Circuit Court, State of Hawai`i, Jenkins sued Plaintiffs-Appellees Orin S. Jackson and Doris M. J. Jackson seeking to enforce his view of the March 1, 1993 Judgment. The trial court confirmed the conveyance of Parcels 9 and 10 free and clear. In appeal no. 18571, we summarily dismissed the appeal by Jenkins.
(Footnotes added.)
Jenkins contends that the March 1, 1993 Judgment is void because the errors alleged in his four points led to the March 1, 1993 Judgment, and each error violated Jenkins' right to due process.
We conclude that (a) Jenkins has failed to show that the alleged errors were errors and (b) any alleged errors that were errors were not violations of Jenkins' right to due process of law.
CONCLUSION
Accordingly, we affirm the circuit court's February 23, 2001 "Order Denying Defendant Danny Harris Jenkins' Motion to Vacate Judgment Filed on January 4, 2001."