Eckart-Dodd v. Dodd

• Docket Number: CAAP-18-0000147,CAAP-18-0000696
• Decision Date: 16 January 2024
• Parties: ANNA ECKART-DODD, Personal Representative of the Estate of William Horace Dodd, Plaintiff-Appellee, v. THERESA HAI HUA DODD, Defendant-Appellant, ANDANNA ECKART-DODD, Personal Representative of the Estate of William Horace Dodd, Plaintiff-Appellee, v. THERESA HAI HUA DODD, Defendant-Appellant
• Court: Hawaii Court of Appeals

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ANNA ECKART-DODD, Personal Representative of the Estate of William Horace Dodd, Plaintiff-Appellee,
v.
THERESA HAI HUA DODD, Defendant-Appellant,

ANDANNA ECKART-DODD, Personal Representative of the Estate of William Horace Dodd, Plaintiff-Appellee,
v.
THERESA HAI HUA DODD, Defendant-Appellant

Nos. CAAP-18-0000147, CAAP-18-0000696

Intermediate Court of Appeals of Hawaii

January 16, 2024

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-D NO. 13-1-7631)

Rebecca A. Copeland, for Defendant-Appellant.

Shawn A. Luiz, for Plaintiff-Appellee.

Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.

SUMMARY DISPOSITION ORDER

This consolidated appeal arises from a divorce involving Defendant-Appellant Theresa Hai Hua Dodd (Wife) and Plaintiff-Appellee William Horace Dodd (Husband), deceased,^[1] in the Family Court of the First Circuit (Family Court). In CAAP-18-0000147, Wife appeals from the Family Court's February 28, 2018 Order Re: [Husband's] Motion to Enforce the [Family Court's]

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July 24, 2017 and December 7, 2017 Orders Regarding the Sale of [(the Property)], a Determination that [Wife] Did Not Comply with the Provisions of the December 7, 2017 Order Regarding Listing Agreements, An Order Granting [Husband] Power of Attorney to Act on [Wife's] Behalf in Closing on a Sale of [the Property] and Other Relief (Order Granting Enforcement).^[2] In CAAP-18-0000696, Wife appeals from the Family Court's August 21, 2018 Order Re: [Wife's] Motion for [Hawai'i Family Court Rules (HFCR)] Rule 60(b) Relief from Judgment or Order Related to the Court's July 24, 2017 and December 7, 2017 Orders Filed July 23, 2018 (Order Denying Relief).

Wife raises three points of error, contending that the Family Court erred in: (1) giving Husband a limited power of attorney to execute documents necessary to the sale of the Property; (2) denying Wife's HFCR Rule 60(b) motion on jurisdictional grounds; and (3) denying Wife's HFCR Rule 60(b) motion because the Family Court failed to make adequate Findings of Fact (FOFs) or Conclusions of Law (COLs), and/or because Wife was entitled to relief under HFCR Rules 60(b).

Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve Wife's points of error as follows:

(1) Wife contends that the Family Court exceeded the scope of its authority when it granted Husband a limited power of

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attorney to act as Wife's attorney-in-fact to effectuate the sale of the Property. This argument is without merit.

On December 7, 2017, the Family Court filed an Order Re: (1) Husband's Motion for Clarification Filed September 13, 2017; and (2) Wife's Motion to Enforce Decision and Order Filed July 24, 2017 and for Attorney's Fees and Costs Filed November 6, 2017 (Stipulated Order). The Stipulated Order reflects that the parties reached an agreement to, inter alia, proceed with the sale of the Property as follows:

By Agreement of the Parties

1. [Wife] has until 5 p.m. on 12/15/17 to provide a listing agreement signed by a reputable, licensed broker selling high-end properties to sell the [Property] for $5.5M or more at a total commission of less than 3.5%. Otherwise, [Wife] shall sign a listing agreement with Sotheby's International for $5.5M or more at a total commission of 3.5%

. . . .

If a Party refuses to sign a document necessary to effect the foregoing provisions and/or to timely complete the sale of the properties, including but not limited to contracts to sell, deeds or other documents necessary to conclude or close on a sale, within 3 days after being presented with the document, then the other party may sign the document on the non-signing Party's behalf.

3. Both properties shall be sold "as is". The Parties shall agree on the sale terms, such as the listing price, adjustments, marketing and acceptance or rejection of all offers. The Realtor will make recommendations as appropriate. If the Parties can't agree within 3 days after receiving the recommendation, the Realtor may determine the marketing plan, list price and any adjustments, and any advancements or deposits.

(Emphasis added; format altered).

Wife does not challenge the Stipulated Order in her points of error and makes no argument in this appeal that she did not agree to the sales procedure set forth in the Stipulated Order. On the contrary, the hand-written agreement upon which the Family Court...