575 P.3d 35
Haw. App.2025Background
- Darrin Gomes claimed his mother, Catherine Gomes, promised him her Kaua‘i property if he built a house on it, and he did so between 2004 and 2005.
- Catherine initially amended her trust to leave the Kaua‘i property to Darrin, but later amended it to give all property to Clyde Gomes after moving in with him.
- Clyde, acting as successor trustee after Catherine’s death, attempted to sell the Kaua‘i property; Darrin sued to enforce the alleged promise.
- The trial court granted summary judgment for Darrin on promissory estoppel, ordered specific performance (conveying the Kaua‘i property), and later awarded damages and attorneys’ fees for rents collected and discovery violations.
- Clyde, after firing his lawyer and missing deadlines, sought relief from judgment under HRCP Rule 60(b)(6) citing his attorney’s negligence.
- The Intermediate Court of Appeals affirmed the trial court’s decisions, finding no abuse of discretion and that it lacked jurisdiction over judgments for which no timely appeal was filed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| HRCP Rule 60(b)(6) relief for attorney’s neglect | Clyde’s choices and failures to act prevent relief | Attorney’s gross negligence denied Clyde representation | Denied: No extraordinary circumstances shown |
| Summary Judgment (Promissory Estoppel) | No genuine issue of material fact, promise was enforceable | Not opposed (due to attorney’s failure), later contested on appeal | No jurisdiction: Not appealed timely |
| Damages and Attorneys’ Fees for Rental Income | Darrin entitled to rents collected after Catherine’s death | Improper, as based on summary judgment disputed by Clyde | Affirmed: Supported by evidence, no abuse of discretion |
| Sanctions for Discovery Failures | Clyde failed to appear at deposition and settlement conference | Sanctions unjustified or not properly noticed | Affirmed: Sanctions justified and procedures followed |
Key Cases Cited
- Budget Rent-A-Car Sys., Inc. v. Salazar, 846 P.2d 901 (Haw. App. 1993) (timely appeal from final judgment required for appellate jurisdiction)
- Gonsalves v. Nissan Motor Corp. in Hawai‘i, 58 P.3d 1196 (Haw. 2002) (outlines elements of promissory estoppel)
- Hawai‘i Hous. Auth. v. Uyehara, 883 P.2d 65 (Haw. 1994) (attorney gross negligence may justify HRCP Rule 60(b)(6) relief)
- Citicorp Mortg. Inc. v. Bartolome, 16 P.3d 827 (Haw. 2000) (party responsible for own deliberate legal choices)