Oral Argument before the Supreme Court
No. 29340, Thursday, January 5, 2012, 10 am
FAMILY COURT, FIRST CIRCUIT
Ronald T.Y. Moon Judiciary Complex
Waianae District Courtroom, First Floor
4675 Kapolei Parkway
Kapolei, HI 96709
BONNIE MACLEOD KAKINAMI, Respondent/Plaintiff-Appellee, vs. AARON K. H. KAKINAMI, Petitioner/Defendant-Appellant.
Attorney for Petitioner/Defendant-Appellant: Peter Van Name Esser
Attorney for Respondent/Plaintiff-Appellee: Robert M. Harris
NOTE: Order accepting Application for Writ of Certiorari, filed 12/1/11.
COURT: MER, CJ; PAN, SRA, JED, & SSM, JJ.
Petitioner/defendant-appellant Aaron Kakinami (Aaron) filed an application for a writ of certiorari to review the July 19, 2011 judgment of the Intermediate Court of Appeals (ICA), entered pursuant to the ICA’s May 11, 2011 Summary Disposition Order. The ICA’s judgment affirmed several of the Family Court of the Fifth Circuit’s (family court) orders, including the Supplemental Divorce Decree that addressed the division and distribution of the parties’ property.
Aaron argues, inter alia, that the ICA incorrectly applied Schiller v. Schiller, 120 Hawai`i 283, 205 P.3d 548 (App. 2009), when it affirmed the family court’s Supplemental Divorce Decree, which did not award him a share of respondent/plaintiff-appellee Bonnie Kakinami’s Marital Separate Property. Aaron also argues that the family court erred in declining to deviate from the Partnership Model in dividing the parties’ Marital Partnership Property. Aaron further argues that the family court lacked jurisdiction to modify the Supplemental Divorce Decree after Aaron filed his notice of appeal.