NO. 27066
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
REALTY
FINANCE, INC., Plaintiff-Appellant/Cross-Appellee
vs.
THOMAS
FRANK SCHMIDT and LORINNA JHINCIL SCHMIDT,
Defendants-Appellees/Cross-Appellants
and
KALOKO
TWO PARTNERSHIP, a Hawaii Limited Partnership; AMERASIAN
LAND CO., a Nevada Corporation;
ASSOCIATION OF APARTMENT OWNERS
OF THE MARCO POLO APARTMENTS, an Unincorporated
Condominium
Association; LAWHN & KEEVER, a Law Corporation; JOHN RAPP,
DOUGLAS J. IGE; INVESTORS
FINANCE, INC., a Hawai`i Corporation;
STATE OF HAWAI`I BY AND THROUGH THE CHIEF, OAHU
COLLECTIONS
BRANCH; JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50;
DOE
CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL
UNITS 1-50, Defendants
APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO.
97-1235)
ORDER DENYING MOTION FOR
RECONSIDERATION
AS TO APPELLANT REALTY
FINANCE, INC.
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration
of the motion for reconsideration of the May 9, 2005 order dismissing
appeal filed by plaintiff-appellant Realty Finance, Inc., the papers in
support and the record, it appears that the complaint for foreclosure
was
adjudicated by the February 24, 1998 judgment that entered judgment in
favor of Realty Finance for foreclosure and sale of
the subject properties and against defendants Schmidt for any
deficiency. The February 24, 1998 judgment was the HRCP
58 final judgment on the complaint and all subsequent proceedings were
post-judgment proceedings to enforce the
February 24, 1998 judgment. See
MDG Supply v. Diversified
Investments, 51 Haw. 375, 380, 463 P.2d 525, 529
(1969)("[A] judgment [of foreclosure] finally determines the merits of
the controversy, and subsequent proceedings are
simply incidents to its enforcement."); Security Pacific Mortgage Corp. v.
Miller, 71 Haw. 65, 783 P.2d 855 (1989)(a
deficiency judgment is incident to the administration and enforcement
of a judgment of foreclosure that adjudicates the
right to a deficiency). Therefore,
IT IS HEREBY
ORDERED that the motion for reconsideration is denied.
DATED: Honolulu,
Hawai`i, June 3, 2005.