Williams v. Aona, No. 28691 (Haw. App. 12/10/2008)
| Decision Date | 10 December 2008 |
| Docket Number | No. 28691,28691 |
| Parties | CEDRIC C. WILLIAMS, Petitioner-Appellee, v. ROBERT AONA, Respondent-Appellant |
| Court | Hawaii Court of Appeals |
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION (CIVIL CASE NO. 1SS07-1-859)
On the briefs:
Frederick W. Rohlfing III, (Case Lombardi & Pettit) for Respondent-Appellant.
Cedric C. Williams, Petitioner-Appellee pro se.
Respondent-Appellant Robert Aona (Aona) appeals from the Order Granting Petition for Injunction Against Harassment (Injunction Order) filed on July 17, 2007 in the District Court of the First Circuit, Honolulu Division (district court).1
In the Injunction Order, the district court enjoins Aona from contacting, threatening, or harassing Petitioner-Appellee Cedric C. Williams (Williams) or any person(s) residing at Williams's residence and from entering and/or visiting Williams's residence, including yard and garage. The Injunction Order began on July 17, 2007 and remains in effect for three years. A special condition of the Injunction Order prohibits Aona from intentionally being within fifteen feet of Williams at any time.
On appeal, Aona argues that the district court (1) lacked jurisdiction over Williams's Petition for Ex Parte Temporary Restraining Order and for Injunction Against Harassment" (Petition); (2) erred in enjoining Aona because (a) the district court imposed a lesser burden of proof on Williams than allowed by law and (b) the district court's findings are not supported by substantial evidence; (3) erred in denying Aona's request to introduce evidence of Williams's criminal history; (4) erred in enjoining Aona from intentionally being within fifteen feet of Williams at the parties' workplace; and (5) erred in not allowing Aona to introduce evidence of workplace rules.
On July 3, 2007, Williams filed the Petition in the district court. The district court granted the Petition and filed a Temporary Restraining Order Against Harassment (TRO) and a notice of hearing on the Petition.
The incident described in the Petition occurred on June 30, 2007 at the workplace of Williams and Aona. Both parties were employees of the City and County of Honolulu, Department of Environmental Services, and the incident took place in the company's yard at 626 Middle Street.
The circuit court held a hearing on the Petition on July 17, 2007. Williams testified that on June 30, 2007, he was performing a "post-check" of the refuse truck he had driven that day when he was approached by Aona. Aona told Williams to start his "post-check" again and explain to Aona what he was doing. Williams did not dispute Aona's authority as a supervisor to supervise Williams's post-check duties. Williams refused to do his post-check with Aona and opened the truck door to get his bag. Williams testified that Aona pushed the door shut and when Williams tried to open the door again, Aona "palmed" him on his upper left chest and referred to him as a "foolish boy." Aona's push caused Williams to jerk backwards, and Williams felt a sharp pain. Aona was "just inches" away from Williams when he called Williams a foolish boy.
Aona testified that he asked Williams to redo the post-check and to tell him what Williams was doing because Williams had missed some of the post-check items. Williams refused. Aona claimed that Williams rushed up to him and got within his "personal space" and he merely put his hand on Williams's shoulder to stop Williams.2 Aona testified that a short time after the shoulder contact incident, Williams struck Aona in the chest with three forearm blows of considerable force.
Williams denied striking Aona in the chest.
Both parties called company management on their cell phones for assistance regarding the incident and called the police. Both parties filed complaints with the police. Williams complained of harassment, and Aona alleged assault. Williams filed a workplace violence incident report with the company regarding the incident, and Aona submitted an internal incident report to the company.
No witnesses testified that they saw first hand any physical contact between Williams and Aona.
At the conclusion of the hearing, the district court granted Williams's Petition, set the terms of the injunction, and filed the Injunction Order. On August 14, 2007, Aona timely filed his Notice of Appeal.
"The existence of jurisdiction is a question of law that we review de novo under the right/wrong standard." Amantiad v. Odum, 90 Hawai`i 152, 158, 977 P.2d 160, 166 (1999) (quoting Lester v. Rapp, 85 Hawai`i 238, 241, 942 P.2d 502, 505 (1997)) (internal quotation marks omitted). Regarding appellate jurisdiction, this court has noted,
[J]urisdiction is "the base requirement for any court resolving a dispute because without jurisdiction, the court has no authority to consider the case." Housing Finance & Dev. Corp. v. Castle, 79 Hawai`i 64, 76, 898 P.2d 576, 588 (1995). With regard to appeals, "[t]he remedy by appeal is not a common law right and exists only by virtue of statutory or constitutional provision." In re Sprinkle & Chow Liquor License, 40 Haw. 485, 491 (1954). Therefore, "the right of appeal is limited as provided by the legislature and compliance with the methods and procedure prescribed by it is obligatory." In re Tax Appeal of Lower Mapunapuna Tenants Ass'n, 73 Haw. 63, 69, 828 P.2d 263, 266 (1992).
TSA Int'l Ltd. v. Shimizu Corp., 92 Hawai`i 243, 265, 990 P.2d 713, 735 (1999).
State v. Bohannon, 102 Hawai`i 228, 232, 74 P.3d 980, 984 (2003) (quoting State v. Adam, 97 Hawai`i 475, 481, 40 P.3d 877, 883 (2002)).
Questions regarding subject matter jurisdiction may be raised at any stage of a cause of action. When reviewing a case where the circuit court lacked subject matter jurisdiction, the appellate court retains jurisdiction, not on the merits, but for the purpose of correcting the error in jurisdiction. A judgment rendered by a circuit court without subject matter jurisdiction is void.
Lingle v. Hawaii Gov't Employees Ass'n, AFSCME, Local 152, AFL-CIO, 107 Hawai`i 178, 182, 111 P.3d 587, 591 (2005) (citing Amantiad v. Odum, 90 Hawai`i 152, 158-59, 977 P.2d 160, 166-67 (1999) (citations and quotation marks omitted)).
"A trial court's determination that evidence is `relevant' within the meaning of [Hawaii Rules of Evidence (HRE)] Rule 401 (1993) is reviewed under the right/wrong standard of review." State v. St. Clair, 101 Hawai`i 280, 286, 67 P.3d 779, 785, reconsideration denied, 101 Hawai`i 420, 70 P.3d 646 (2003). Rule 401 defines relevant evidence as "evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence."
HRE Rule 402 provides that
Both rules are subject to HRE Rule 403, however, which provides that "[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence." Whether relevant evidence is admissible under Rule 403 is a determination well-suited to a trial court's exercise of discretion because it requires a "cost-benefit calculus" and a "delicate balance between probative value and prejudicial effect." Kaeo v. Davis, 68 Haw. 447, 454, 719 P.2d 387, 392 (1986) (internal quotation marks and citations omitted). Admission of relevant evidence will be reviewed for an abuse of discretion. State v. Cordeiro, 99 Hawai`i 390, 404, 56 P.3d 692, 706 (2002). "An abuse of discretion occurs when the court clearly exceeds the bounds of reason or disregards rules or principles of law to the substantial detriment of a party litigant." St. Clair, 101 Hawai`i at 286, 67 P.3d at 785 (quoting Cordeiro, 99 Hawai`i at 404, 56 P.3d at 706).
With respect to the issuance of a TRO, a relief in equity, the relief granted by a court in equity is discretionary and will not be overturned on review unless the court abused its discretion. . . . A court abuses its discretion whenever it exceeds the bounds of reason or disregards rules or principles of law or practice to the substantial detriment of a party.
In re Guardianship of Carlsmith, 113 Hawai`i 211, 223, 151 P.3d 692, 704 (2006) ().
Aona contends the district court lacked jurisdiction to issue the Injunction Order because Williams had not exhausted the remedies provided for in the collective bargaining agreement (CBA) by and between the United Public Workers, Unit 1, and, inter alia, the State. Aona cites to Santos v. State of Hawaii, Dep't of Transp., Kauai Div., 64 Haw. 648, 646 P.2d 962 (1982), to support his contention that Section 15.01 of the CBA provides an exclusive grievance procedure that must be first exhausted. The Hawai`i Supreme Court held in Santos that "the general rule [is] that before an individual can maintain an action against his employer, the individual must at least attempt to utilize the contract grievance procedures agreed upon by his employer and the UPW." Id. at 655, 646 P.2d at 967. The supreme court explained that its adherence to this general rule "is in keeping with prevailing National Labor...
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