Jones v. Brady

• Decision Date: 19 May 2022
• Docket Number: CAAP-21-0000220
• Parties: MICHAEL G. JONES and JENNIFER O. JOHNSTON-JONES, as Trustees of the Michael G. Jones and Jennifer 0. Johnston-Jones Family Trust Dated March 15, 2007, Plaintiffs/Counterclaim Defendants-Appellees, v. COLLEEN O'SHEA BRADY, Defendant/Counterclaimant/Third-Party Plaintiff-Appellant, v. MICHAEL G. JONES and JENNIFER 0. JOHNSTON-JONES, individually, Third-Party Defendants-Appellees
• Court: Court of Appeals of Hawai'i

MICHAEL G. JONES and JENNIFER O. JOHNSTON-JONES, as Trustees of the Michael G. Jones and Jennifer 0. Johnston-Jones Family Trust Dated March 15, 2007, Plaintiffs/Counterclaim Defendants-Appellees,
v.
COLLEEN O'SHEA BRADY, Defendant/Counterclaimant/Third-Party Plaintiff-Appellant,
v.
MICHAEL G. JONES and JENNIFER 0. JOHNSTON-JONES, individually, Third-Party Defendants-Appellees

No. CAAP-21-0000220

Intermediate Court of Appeals of Hawaii

May 19, 2022

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (Case No. 2CC171000212)

John F. Parker, for Defendant/ Counterclaimant/Third-Party Plaintiff-Appellant Colleen O'Shea Brady.

Sunny S. Lee, Kelly A. Higa Brown, for Plaintiffs/Counterclaim Defendants-Appellees Michael G. Jones and Jennifer O. Johnston-Jones, as Trustees of the Michael D. Jones and Jennifer O. Johnston-Jones Family Trust Dated March 15, 2007, and Third-Party Defendants-Appellees Michael G. Jones and Jennifer O. Johnston-Jones, individually.

Leonard, Presiding Judge, Hiraoka and McCullen, JJ.

MEMORANDUM OPINION

Defendant/Counterclaimant/Third-Party Plaintiff-Appellant Colleen O'Shea Brady appeals from the (1) "Findings of Fact, Conclusions of Law and Order Granting Plaintiffs' Motion to Enforce Settlement Agreement" (Order Granting Motion to Enforce) entered by the Circuit Court of the Second Circuit on March 18, 2021;^[1] and (2) "Order Denying Defendant/Counterclaimant Colleen O'Shea Brady's Motion for Reconsideration of the Court's Oral Order (Written Order Not Yet Filed) Granting Plaintiffs' Motion for Enforcement of Settlement Agreement" (Order Denying Reconsideration)

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entered by the circuit court on June 10, 2021.^[2]For the reasons explained below, we affirm the Order Granting Motion to Enforce and the Order Denying Reconsideration.

BACKGROUND

The action below began on May 22, 2017, when Plaintiffs/Counterclaim Defendants-Appellees Michael G. Jones and Jennifer 0. Johnston-Jones, as Trustees of the Michael G. Jones and Jennifer 0. Johnston-Jones Family Trust Dated March 15, 2007 (collectively, Trustees) filed a complaint against Brady. The complaint alleged that Trustees owned a 99% undivided interest, and Brady owned a 1% undivided interest, in real property located in Ha'iku, Maui (the Property). The complaint sought partition of the Property under Hawaii Revised Statutes (HRS) Chapter 668. An amended complaint was filed on April 16, 2018, which added claims for breach of contract, unjust enrichment, and promissory estoppel.

Brady answered the amended complaint on April 23, 2018, demanded a jury trial, and asserted a counterclaim against Trustees and a third-party complaint against Michael G. Jones and Jennifer 0. Johnston-Jones individually.

On January 29, 2021, after more than three years of litigation, Trustees filed a "Motion to Enforce Settlement Agreement." The motion was heard on February 18, 2021. The circuit court orally granted the motion. On February 22, 2021, Brady moved for reconsideration of the circuit court's oral order.

The circuit court entered the Order Granting Motion to Enforce on March 18, 2021. The order stated:

IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Plaintiffs' Motion is GRANTED as follow[s] 1 The Court finds that there is no genuine issue of material fact that Brady is in breach of the Settlement Agreement and further finds that Brady has not refuted that

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she breached the Settlement Agreement by not sending out the documents required under its terms.

2. Brady is ordered to execute and mail the Quitclaim Deed that was attached as Exhibit "A" to the Settlement Agreement to Fidelity National Title & Escrow of Hawaii ... as required under Section I.A.5. of the Settlement Agreement within two business days after entry of this Order.

3. Brady is ordered to execute and mail the stipulation for dismissal that was attached as Exhibit "B" to the Settlement Agreement to Plaintiffs' counsel . . . within two business days after entry of this Order.

4. Brady is ordered to execute and mail tax form P-64A to Plaintiffs' counsel . . . within two business days after entry of this Order.

5. Brady is also ordered to execute any and all documents as may be required by the Bureau of Conveyances or Escrow to effectuate the terms of the Settlement Agreement.

The circuit court entered the Order Denying Reconsideration on June 10, 2021. This appeal followed.^[3]

STANDARD OF REVIEW

Summary judgment standards apply to a motion to enforce...