Rearden Family Trust v. Wisenbaker

Opinion of the Court by

ACOBA, J.

We hold that Defendant-Appellant Michael Wisenbaker (Defendant) waived the defense of lack of personal jurisdiction under Hawaii Rules of Civil Procedure (HRCP) Rules 12(b), (g), and (h) by failing to raise it in his pre-answer motion. However, we further hold that the third circuit court 1 (the court) erred in denying Defendant’s motion to set aside the June 9, 1997 default judgment on liability rendered against him (motion to set aside). The default judgment had been entered pursuant to HRCP Rule 16 (1997) and Rules of the Circuit Courts of the State of…