Knauer v. Foote

Dissenting Opinion of

ACOBA, J.

The germane question decided on appeal is whether the circuit court (the court) had jurisdiction to order expungement of the lis pendens that was filed in this ease. I do not agree with the majority’s holding that: (1) the court had jurisdiction to order expungement of the lis pendens from the land court registration system; and (2) the majority’s analysis that (a) TSA Int’l Ltd. v. Shimizu Corp., 92 Hawai'i 243, 990 P.2d 713 (1999) and Hawai'i Revised Statutes (HRS) §§ 501-151 (1993) and 501-152 (1993) support its holding, see majority opinion at 88, 63 P.3d at…