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NOT FOR PUBLICATION NO. 25046 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I FEDERAL HOME LOAN MORTGAGE CORPORATION, Plaintiff-Appellee, v. ROMEO RAGASA RAMOLETE and REBECCA COMESARIO RAMOLETE, Defendants-Appellants, and JOHN and MARY DOES 1-10, Defendants APPEAL FROM THE FIRST CIRCUIT COURT (CIVIL NO. 02-1-0032) SUMMARY DISPOSITION ORDER (By: Burns, C.J., and Foley, J.; Lim, J. concurring separately ) Defendants-Appellants Romeo Ragasa Ramolete and Rebecca Comesario Ramolete (collectively, the Ramoletes) appeal the "Order Granting Plaintiff's Motion for Summary Judgment, and for Writ of Ejectment Against Defendants Romeo Ragasa Ramolete and Rebecca Comesario Ramolete Filed 02/6/02," the Judgment, and the Writ of Ejection, all filed on March 11, 2002 in the Circuit Court of the First Circuit (circuit court).1 On appeal the Ramoletes argue that (1) the circuit court erred by granting Federal Home Loan Mortgage Corporation's (FHLM) "Motion for Summary Judgment and for Writ of Ejectment

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The Honorable Karen N. Blondin presided.

NOT FOR PUBLICATION Against Defendants Romeo Ragasa Ramolete and Rebecca Comesario Ramolete" because FHLM failed to plead and provide evidence that the Ramoletes had defaulted on their mortgage; and (2) the Ramoletes' mortgage was a contract of adhesion, which is unenforceable. Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we resolve the Ramoletes' points of error as follows: (1) The Ramoletes contend the circuit court erred by The circuit court

granting summary judgment in favor of FHLM.

did not so err because the Ramoletes failed to raise the issue in the circuit court and, thus, the issue will not be considered on appeal. Kawamata Farms, Inc. v. United Agri Prods., 86 Hawai#i

214, 248, 948 P.2d 1055, 1089 (1997). (2) The Ramoletes contend that their mortgage was a The Ramoletes failed

contract of adhesion and was unenforceable.

to raise this issue in the circuit court, and the issue will not be considered on appeal. Therefore, IT IS HEREBY ORDERED that the "Order Granting Plaintiff's Motion for Summary Judgment, and for Writ of Ejectment Against Defendants Romeo Ragasa Ramolete and Rebecca Comesario Ramolete Filed 02/6/02," the Judgment, and the Writ of Id.

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NOT FOR PUBLICATION Ejection, all filed on March 11, 2002 in the Circuit Court of the First Circuit are affirmed. DATED: On the briefs: Gary Victor Dubin for defendants-appellants. Chief Judge Robert E. Chapman, Mary Martin (Stanton Clay Chapman Crumpton & Iwamura), for plaintiff-appellee. Honolulu, Hawai#i, February 4, 2003.

Associate Judge

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NOT FOR PUBLICATION CONCURRING OPINION BY LIM, J. I concur in the result.

Associate Judge

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Hawaii Law