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REARDEN FAMILY TRUST v. WISENBAKER

No. 21937.

65 P.3d 1029 (2003)

101 Hawai'i 237

REARDEN FAMILY TRUST, Janice Rearden, Michael Rearden, Michael Rearden, Guardian ad Litem for Ryan John Rearden, Plaintiffs-Appellees, v. Michael WISENBAKER, Defendant-Appellant, and Stacy Marion Steffens, Midland Enterprises, Inc., Claudette Selak-Simon, Philip Bogetto, Doe Corporations 1-10, John Does 1-10, Jane Does 1-10 and Doe Attorneys 1-10, Defendants.

Supreme Court of Hawaii.

March 25, 2003.

Attorney(s) appearing for the Case

Michael W. Moore (Menezes Tsukazaki Yeh & Moore), on the briefs, Hilo, for defendant-appellant.

Nicole L. Ezer, on the briefs, for plaintiffs-appellees Rearden Family Trust, Janice Rearden, and Michael Rearden, Guardian ad litem for Ryan John Rearden.

Michael Rearden, on the briefs, plaintiff-appellee pro se.

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ., and Circuit Judge AHN assigned by reason of vacancy.

Opinion of the Court by ACOBA, J.

We hold that Defendant-Appellant Michael Wisenbaker (Defendant) waived the defense of lack of personal jurisdiction under Hawai'i 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 court1 (the court) erred in denying Defendant's motion to set aside the June...

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