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   State Courts - Hawaii - January 24, 2006

  
First Ins. Co. of Haw., Ltd. v. Georgopapadakos, NO. 26142, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2006, Decided
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Overview: Trial court properly denied defendants' motion to set aside a default judgment that was entered against them in an insurance company's action because the motion was untimely as it was based on claims fairly characterized as falling under Haw. R. Civ. P. 60(b)(1), (2), or (3), and was filed more than one year after the default judgment was entered.

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In re Lesica, NO. 27671, SUPREME COURT OF HAWAI'I, January 24, 2006, Decided
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In re Prot. of the Prop. of Elizabeth A. Elstner, NO. 25780, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2006, Decided
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Office of Disciplinary Counsel v. Matutino, NO. 27590, SUPREME COURT OF HAWAI'I, January 24, 2006, Decided
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Overview: Court adopted the Disciplinary Board's report and recommendation to suspend the attorney for two years for misappropriating and mishandling clients' funds, failing to diligently represent clients in timely manner, and for ratifying her employee's practice of law without a license in Hawai'i; however, court only adopted 4 of 6 mitigating factors.

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State v. Machado, NO. 26396, SUPREME COURT OF HAWAI'I, January 24, 2006, Decided
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Overview: Court erred by admitting a domestic abuse victim's hearsay statement, Haw. R. Evid. 803, where, as related by an officer, the statement was detailed, logical, and coherent, and it was a specific and inclusive rendition of the circumstances leading up to the incident and of the incident itself.

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State v. Oyamada, NO. 26651, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2006, Decided
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Waters v. Waters, NO. 26530, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 24, 2006, Decided
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Overview: Trial court did not err in denying former husband's motion for relief from a final order based upon newly discovered evidence, fraud, and misrepresentation of the wife, who had prepared their signed handwritten property division agreement because, inter alia, husband failed to meet his burden of proving fraud by clear and convincing evidence.

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