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   State Courts - Hawaii - January 11 - January 12, 2007

  
Kahala Royal Corp. v. Goodsill Anderson Quinn & Stifel, Nos. 26669 & 26670, SUPREME COURT OF HAWAI'I, January 11, 2007, Decided
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Overview: Corporation was not responsible for attorneys' fees and costs in partnership's appeal since trial court did not have jurisdiction over corporation to enter such an award against it. Also, because corporation's action was not in the nature of assumpsit, trial court erred in awarding fees to lawyers in corporation's appeal, Haw. Rev. Stat. § 607-14.

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Lau v. Thompson, NO. 28227, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 11, 2007, Decided
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Overview: Neither of two judgments satisfied the requirements for an appealable final judgment under Haw. R. Civ. P. 58, as neither judgment specifically identified claims for which judgment was entered, neither contained operative language that specifically entered judgment all parties' claims, and neither contained operative language that dismissed claims.

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State v. Deparini, NO. 27272, SUPREME COURT OF HAWAI'I, January 11, 2007, Decided
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State v. Heapy, No. 27375, SUPREME COURT OF HAWAI'I, January 11, 2007, Decided
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Overview: Stop of defendant's vehicle violated Haw. Const. art. I, § 7 because the officer testified that he did not observe any traffic violations prior to the stop and that the sole reason for stopping defendant's vehicle was because he believed that defendant was avoiding a sobriety checkpoint.

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State v. Paulich, NO. 27620, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 11, 2007, Decided
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Overview: Where defendant was convicted of assault in the third degree under Haw. Rev. Stat. § 707-712(1)(a), he conceded there was sufficient evidence to find that he caused bodily injury to the victim. The appellate court rejected his claim that there was insufficient evidence to find that the injury was caused intentionally, knowingly or recklessly.

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Brooks v. Dana Nance & Co., No. 26736, SUPREME COURT OF HAWAI'I, January 12, 2007, Decided
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Overview: Where borrowers asserted intentional tort claims against a subcontractor and a maintenance company, it was an abuse of discretion to find that the settlement between the subcontractor and the borrowers was in good faith under Haw. Rev. Stat. § 663-15.5 because the settlement allowed the subcontractor to avoid indemnification cross-claims.

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In the Interest of R.G.B., NO. 28218, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 12, 2007, Decided
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Overview: Court lacked jurisdiction to hear appeal of family court's oral denial of a mother's motion under Haw. Fam. Ct. R. 60(b) for relief from an order awarding permanent custody of her child to the department of human services because the denial was not a written order and thus was not a final appealable order under Haw. Rev. Stat. §§ 571-54, 641-1(a).

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Regan v. State, NO. 27505, SUPREME COURT OF HAWAI'I, January 12, 2007, Decided
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State v. Smith, NO. 26362, SUPREME COURT OF HAWAI'I, January 12, 2007, Decided
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