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NOT FOR PUBLICATION NO. 24353 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I STATE OF HAWAI#I, by Mark Bennett,1 its Attorney General, and ROBERT C. CHING and ELSIE LEE CHING and GARY O. GALIHER and DIANE T. ONO, Plaintiffs-Appellees, v. ROSEMOND KEANUENUE NALUAI PETTIGREW, DefendantAppellant, and HEIRS OF KUKAHI, LOUISE MILILANI NALUAI HANAPI, FRANK KAWAIKAPUOKALANI HEWETT, RAE M. GATES, RAPHAEL NALUAI, ELIZABETH BECKLEY, RACHEL JETER, FLORENCE CRAIN, LORITA LOONEY, WILLIAM OGAN, MARY MORGAN, WILLIAM WILLINGHAM, JOSEPH WILLINGHAM, MARY M.N. PETTIGREW, FRANCES K.J. PETTIGREW, KYLE K. PETTIGREW, MICHAEL K. PETTIGREW, PATRICK K. PETTIGREW, HENRIETTA NALUAI HOLLINGER, ARTHUR HOLLINGER, EUGENE KANAE, DAVID WILLINGHAM, GLENN K.K. KANAE, HERMAN KANAE, JONATHAN K. KANAE, JR., BRUCE K. WILLINGHAM, MARIA KANAE, BOY KANAE, JOHN DOES 17-100, MARY ROES 14100, UNKNOWN OWNERS AND CLAIMANTS, AND ALL PERSONS INTERESTED IN ANY MANNER, OR WHO MAY CLAIM ANY INTEREST IN THE PREMISES DESCRIBED HEREIN OR ANY PART THEREOF, Defendants APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 400(2)) MEMORANDUM OPINION Burns, C.J., Foley, J., and Circuit Judge Alm in place of Watanabe, J., recused)

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Defendant-Appellant Rosemond Keanuenue Naluai Pettigrew (Rosemond Pettigrew) appeals from the June 6, 2001 "Order on Motion to Set Aside the Civil No. 400 [January 23, 1963]

1 At the time this case arose, Shiro Kashiwa was the Attorney General of the State of Hawai#i. Pursuant to Hawai#i Rules of Civil Procedure (HRCP) Rule 43(c)(a), relating to the substitution of parties, the current Attorney General, Mark Bennett, has been substituted as the named party to this case.

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NOT FOR PUBLICATION Judgment" (June 6, 2001 Order) entered in the Circuit Court of the Second Circuit, Judge Shackley F. Rafetto presiding. This

June 6, 2001 Order denied "Defendants Rosemond K. Pettigrew and Mary M. K. Kauhola's [January 24, 1995] Motion to Set Aside Judgment, and for Leave to File Responsive Pleading to Complaint for Partition and Application for a Boundary Certificate" (January 24, 1995 Motion). I. We affirm. BACKGROUND

On June 7, 1848, Mahele Award 10 of an ahupua#a2 of Moloka#i land was made to Hanakaipo (Hanakaipo Ahupua#a) and Hawai#i's government. On March 13, 1852, Royal Patent (RP) No. 4829 of a kuleana3 of Moloka#i land was made to Kupihea (Kupihea Kuleana). On July 19, 1860, Land Commission Award (LCA or LCAw) No. 4891 of the land involved in RP No. 4829 was made to Kupihea. On October 13, 1959, in "Civil No. 208" "BEFORE THE COMMISSIONER OF BOUNDARIES IN AND FOR THE SECOND JUDICIAL COURT OF THE STATE OF HAWAII", Plaintiff-Appellee State of Hawai#i (the State), Plaintiffs-Appellees Robert C. Ching and Elsie Lee Ching (the Chings), and Joseph K. Napapa (Napapa) petitioned "for the

An "ahupua#a" is a "[l]and division usually extending from the uplands to the sea[.]" Mary Kawena Pukui & Samuel H. Elbert, Hawaiian Dictionary 9 (rev. ed. 1986). In this context, a "kuleana" is a "small piece of property, as within an ahupua#a". Hawaiian Dictionary, supra, at 179.
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NOT FOR PUBLICATION determination and certification of boundaries of the Ahupua#a of Ahaino 1st, Island of Molokai", the Hanakaipo Ahupua#a. petition stated, in relevant part, as follows:
1. That the subject land was awarded by name only under Mahele Award 10 to Hanakaipo, an undivided one-half (

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