¶1This is an appeal from the order of the trial court granting plaintiff’s (appellee) motion for summary judgment.
¶2The facts briefly are as follows:
¶3Beth C. Waldo (wife) and defendant Yern Waldo (appellant) were married in 1937 and divorced in Nevada in 1968. John Sanchez, Esq., an attorney licensed to practice law in the State of Nevada, served as counsel for appellant during said divorce proceedings.
¶4The appellant came to Hawaii before September 6, 1968, where he has since resided and worked.
¶5The Nevada divorce decree and judgment was entered on November 26, 1968.
¶6On April 17, 1969, the wife filed a motion for judgment of arrearage, which motion was served on John Sanchez who on May 1, 1969, filed “his opposition” to the motion.
¶7Appellant was never personally served with the motion for judgment of arrearage.
¶8On November 25, 1970, appellant wrote to Mr. Sanchez, to “make no effort on my behalf”.
¶9On January 13, 1971, the wife filed an affidavit which was served on Mr. Sanchez but not served on appellant.
¶10On March 11, 1971, a hearing was held in Nevada on the wife’s motion for arrearage, and Mr. Sanchez again appeared on behalf of the appellant. A judgment of arrearage was thereafter entered on May 26, 1971.
¶11On May 21, 1971, Mr. Sanchez wrote to the appellant stating that he appeared as appellant’s counsel “even though I had no authority to do so.”
¶12In September, 1971, the wife assigned her judgment to V. Thomas Rice, Esq. (appellee), a resident of the State of Hawaii, who thereafter brought suit on the judgment against the appellant.
¶13PROPRIETY OF THE ORDER GRANTING SUMMARY JUDGMENT
¶14The evidence adduced herein raises a genuine issue as to a material fact; specifically, the question of whether John Sanchez, Esq., had been authorized by appellant to represent the appellant in the proceedings before the court of the State of Nevada relative to the motion for judgment of arrearage. We are of the opinion that the trial court erred in granting summary judgment to the appellee. Del Rosario v. Kohanuinui, 52 Haw. 583, 483 P.2d 181 (1971).
¶15Appellee cites State ex rel. Groves v. First Judicial District Court of Ormsby County, 61 Nev. 269, 125 P.2d 723 (1942), as determinative of the issue herein. We disagree.
¶16Reversed.