Sugarman v. Kapu

Opinion of the Court by

ACOBA, J.

We hold that, (1) read in pari materia, Hawaii Revised Statutes (HRS) §§ 668-1 (1993) and -14 (1993), relating to the partition of real property, vest the circuit court with equitable discretion in judicial sales of such property, to reopen bidding after public auction but before confirmation of the public auction bid and (2) the court’s rejection of confirmation of the highest bid submitted at a public auction does not require a showing that inadequacy of the bid amounted to fraud.

I

On October 5,1993, Plaintiff-Appellant Joseph Sugarman (Appellant) filed a…