TBC Koloa Town, LLC v. Pizzetta, Inc.

Summary

The Intermediate Court of Appeals of Hawaiʻi affirmed a contempt order against Catherine M. Shyne arising from her failure to appear for a judgment debtor examination. The court held that Shyne waived objections to the examination's Hawaiʻi location and rejected her jurisdictional and attorney-fee arguments.

Holdings

1. Shyne waived any objection to the location of the judgment-debtor examination because she did not timely serve a written objection and did not raise the location issue until well over a year later.
2. The Circuit Court had jurisdiction to issue post-judgment enforcement orders requiring Shyne, a party to the action, to appear for a judgment-debtor examination.
3. The contempt order was properly affirmed because Shyne's objections to the examination's location were waived and she presented no other discernible argument warranting its set-aside.

Questions Presented

1. Whether Shyne waived objections to the Hawaiʻi location of the judgment-debtor examination by failing to promptly serve written objections.
2. Whether the Circuit Court had jurisdiction to order a nonresident judgment debtor to appear for a post-judgment examination.
3. Whether the Circuit Court properly entered the contempt order and awarded attorneys' fees and costs after Shyne failed to appear.

Disposition

affirmed