NO. 25243
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI`I
MAUNA KEA AGRIBUSINESS CO., INC., Plaintiff-Appellee, v.
JOSEPH PUNILEI MANINI, SR., KANAKA
MAOLI NATIONAL LANDS, INC., Defendants-Appellants,
and
MAKAHUKI (k), and his son, KAHAPA (k), MALIU (k);
AI (k), and his sister, NAHALELAU (w), heirs or
assigns, CHARLES PILA, and JULY SIMEONA,
Defendants-Appellees.
APPEAL FROM THE THIRD CIRCUIT COURT
(CIVIL NO. 02-1-0054)
SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe and Foley, JJ.)
Defendants-Appellants Joseph Punilei Manini, Sr. (Manini) and Kanaka Maoli National Lands, Inc. (KMNL) appeal the Final Judgment filed on July 8, 2002 in the Circuit Court of the Third Circuit (circuit court). (1)
On appeal Manini and KMNL argue that (1) Mauna Kea Agribusiness Co., Inc. (MKA) has no jurisdiction to adverse land, being Royal Patent Grant No. 918, TMK (3) 2-8-15-5; (2) MKA has no adverse title through Royal Patent Grant No. 918; and (3) MKA has no adverse title through Palapala Sila Nui census 918.
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 Manini's points of error as follows:
(1) KMNL did not timely appeal the Final Judgment in accordance with Hawai`i Rules of Appellate Procedure (HRAP) Rules 3 and 4. Non-attorney agents are not allowed to represent corporations in litigation. Oahu Plumbing and Sheet Metal, Ltd. v. Kona Const., Inc., 60 Haw. 372, 377, 590 P.2d 570, 574 (1979). Manini is not authorized by the Supreme Court of Hawai`i to practice law; therefore, an appeal filed by Manini on behalf of KMNL does not comply with HRAP Rules 3 and 4 and any arguments made by KMNL will not be addressed by this court.
(2) Manini contends the circuit court erred by granting summary judgment in favor of MKA because there was a genuine issue of material fact which precluded granting summary judgment. Manini argues that he is a lineal descendant of Makahuki, a grantee of Royal Patent Grant No, 918, and has title by intestate succession. The circuit court did not err by granting summary judgment in favor of MKA because Manini produced no evidence that he is a descendant of Makahuki. MKA produced evidence of an unbroken chain of title to Royal Patent Grant No. 918 from Makahuki to MKA by subsequent deeds and conveyances.
Therefore,
IT IS HEREBY ORDERED that the Final Judgment filed on July 8, 2002 in
the Circuit Court of the Third Circuit is affirmed.
DATED: Honolulu, Hawai`i, December 23, 2003.
On the briefs:
Joseph Punilei Manini, Sr.,
defendant-appellant, pro se.
Donald E. Scearce
(Cades Schutte)
for plaintiff-appellee.