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   State Courts - Hawaii - January 25 - January 29, 2007

  
Brende v. Hara, NO. 27964, SUPREME COURT OF HAWAI'I, January 25, 2007, Decided
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Harless v. Schleif, No. 27716, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 25, 2007, Decided
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Overview: Where trustees alleged that a neighbor's wrongful grading entitled them to an easement and right of perpetual support, the trustees' Notice of Pendency of Action or lis pendens under Haw. Rev. Stat. § 634-51 should have been struck because the trustees did not claim direct title to, possession of, or right of possession to the neighbor's property.

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In re Guardianship of Carlsmith, No. 27569, SUPREME COURT OF HAWAI'I, January 25, 2007, Decided
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Overview: Reconsideration of a TRO granted to a granddaughter precluding the grandmother's removal from Hawaii was denied because Haw. Fam. Ct. R. 65(b) did not violate due process as applied in this case where the grandmother and her son had ample notice of the pendency of the proceedings and numerous opportunities to be heard and to resolve the TRO.

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State v. Deguair, NO. 28133, SUPREME COURT OF HAWAI'I, January 25, 2007, Decided
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Grandinetti v. Shimoda, No. 28347, SUPREME COURT OF HAWAI'I, January 26, 2007, Decided
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Robinson Accounting Servs. v. Sink, NO. 27009, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 26, 2007, Decided
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Overview: Circuit court did not violate terms of the parties' settlement agreement by entering judgment against appellant because appellant's material breach of the settlement agreement's payment provision made it impossible for appellees to collect on an arbitrator's award and justified their treatment of the settlement agreement's other terms as rescinded.

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Goodman v. Hifo, NO. 28390, SUPREME COURT OF HAWAI'I, January 29, 2007, Decided
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Hawaiian Ass'n of Seventh-Day Adventists v. Wong, No. 27904, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 29, 2007, Decided
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Overview: An appellate court lacked appellate jurisdiction because, under Haw. R. Civ. P. 54(b) and 58, the circuit court's judgment did not clearly resolve all claims against all parties and did not satisfy the requirements for an appealable final judgment since, inter alia, the judgment did not enter judgment on specifically identified counts.

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State v. Balacy, NO. 28257, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 29, 2007, Decided
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Overview: Where a district court had not yet entered an order regarding a motion to terminate probation, an appeal was dismissed for lack of jurisdiction under Haw. R. App. P. 4(b)(3) and Haw. Rev. Stat. § 641-12.

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State v. Pham, No. 27478, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 29, 2007, Decided
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Overview: Where defendant's case was placed on standby for trial, remand due to speedy trial violation was warranted because the period was not excludable since the circuit court did not continue the case, refer it to the master calendar, or take it off the trial course due to representations that counsel intended to file a Haw. R. Penal P. 48 motion.

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