Intermediate Court of Appeals (ICA) Proceedings Sample Clauses

Intermediate Court of Appeals (ICA) Proceedings. On appeal, the Teisinas argued that Xxxxxxx was barred from maintaining the quiet title action (1) for failure to pay Peni $750.00 in accordance with the 2009 Dismissal Order and (2) because Xxxx was not named as a defendant, despite being an indispensable party. The Teisinas also contended that they are entitled to the 10,000-square-foot parcel within Parcel 33 by adverse possession. In the answering brief, Xxxxxxx argued that he was not precluded from commencing an action to quiet title against Xxxxxxx based on noncompliance with the 2009 Dismissal Order because the order did not condition the commencement of an action against Xxxxxxx upon payment of $750 to Peni or Fa. Additionally, Xxxxxxx maintained that Xxxx was not a necessary party to the quiet title action because any interest he has in Parcel 33 had already been conveyed to the Fas and Xxxxxx. Further, Xxxxxxx contended that even if Xxxx was a necessary 5 This amount was $25,000 more than the bid for Parcel 33 with the house. party, joinder, rather than dismissal, is the proper remedy because Xxxx could be feasibly joined. Finally, Xxxxxxx claimed that the Teisinas have not met the elements for an adverse possession claim against cotenants, specifically the statutory period and the requirement of good faith. As to the statutory period, Xxxxxxx argued that his filing of the quiet title action on October 28, 2009--less than 20 years from when the Teisinas started occupying Parcel 33 in July 1991--terminated the accrual by the Teisinas of the required statutory period for adverse possession. Xxxxxxx asserted that the Teisinas were unable to satisfy the good faith requirement of HRS § 669-1(b)6 because the Teisinas did not record their quitclaim deed until 1997. It follows, Xxxxxxx maintained, that the Teisinas could establish 6 HRS § 669-1(b) provides as follows: Action for the purpose of establishing title to a parcel of real property of five acres or less may be brought by any person who has been in adverse possession of the real property for not less than twenty years. Action for the purpose of establishing title to a parcel of real property of greater than five acres may be brought by any person who had been in adverse possession of the real property for not less than twenty years prior to November 7, 1978, or for not less than earlier applicable time periods of adverse possession. For purposes of this section, any person claiming title by adverse possession shall show that such person acted in ...