Summary
This Intermediate Court of Appeals of Hawaii summary disposition order affirms the circuit court's grant of summary judgment in favor of the State of Hawaii in a civil tort action alleging negligent investigation of child sexual abuse claims. The appellate court held that collateral estoppel barred relitigation of the abuse issue because a prior family court custody proceeding had already found no basis to corroborate the allegations. The court also addressed procedural waivers regarding arguments not raised below and affirmed the taxation of costs.
Topics
Practice areas
Questions Presented
- Whether the summary judgment was proper given alleged genuine issues of material fact regarding alleged sexual abuse
- Whether collateral estoppel bars relitigation of the family court's findings
- Whether the appellant waived the argument on appeal
- Whether the family court had subject‑matter jurisdiction to make the findings
Holdings
- The appellate court affirmed the circuit court's summary judgment because the appellant waived the argument and the family court's findings were not collaterally estopped.
Key quotations
“As a general rule, if a party does not raise an argument at the circuit court level, that argument will be deemed to have been waived on appeal.” (114 Hawai'i 438)
Factual background
Mother alleged that Father sexually abused the minor child and that the State failed to act on the allegations. The family court investigations found no abuse, and the State moved for summary judgment in the civil action. The circuit court granted summary judgment for the State.
Procedural history
The circuit court entered a summary judgment in favor of the State on May 27, 2022, entered judgment on August 1, 2022, and taxed costs on June 29, 2022. The appeal challenges the summary judgment and the taxation of costs.