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   State Courts - Hawaii - January 31 - February 1, 2007

  
Bank of N.Y. v. Dejos, NO. 26534, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 31, 2007, Decided
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Overview: In a bank's suit against mortgagees, summary judgment in favor of the bank was proper as the terms of a foreclosure auction and sale were fully authorized by the mortgage and by Haw. Rev. Stat. § 667-5, and there was no evidence indicating that the bank was in a better bargaining position or that the power of sale term unfairly advantaged the bank.

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Brooks v. Dana Nance & Co., NO. 26736, SUPREME COURT OF HAWAI'I, January 31, 2007, Decided
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Fistes v. Kobayashi, NO. 28275, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 31, 2007, Decided
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Overview: Appeal from a second amended judgment entered by the circuit court was dismissed because it did not satisfy the requirements for an appealable final judgment under Haw. Rev. Stat. § 641-1(a) (Supp. 2005) and Haw. R. Civ. P. 58 as it omitted appellee's award of money damages and incorporation by reference to a previous judgment was not sufficient.

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In re Di Domenico, NO. 28361, SUPREME COURT OF HAWAI'I, January 31, 2007, Decided
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In re King, NO. 28360, SUPREME COURT OF HAWAI'I, January 31, 2007, Decided
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In the Interest of Doe, NO. 25416, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 31, 2007, Decided
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Overview: Appellant juvenile was not permitted to withdraw his admission to robbery in the second degree. The family court properly determined there was a factual basis for the admission, as required by Haw. R. Penal P. 11(f). The family court was not obligated to tell appellant that his adjudication rendered him ineligible for future sentencing as a youth.

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Miserendino v. Ferrer, NO. 28276, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, January 31, 2007, Decided
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Overview: Individual's appeal from the trial court's judgment on complainants' fraud, unjust enrichment and indemnification claims was dismissed for lack of jurisdiction as the judgment did not resolve all claims against all parties and, therefore, did not satisfy the requirements for an appealable final judgment under Haw. R. Civ. P. 58.

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TMJ Haw., Inc. v. Nippon Trust Bank, No. 25588, SUPREME COURT OF HAWAI'I, January 31, 2007, Decided
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Overview: Haw. Rev. Stat. § 634-1 did not entirely dispose of question of claims' assignability. Corporation's claims of professional malpractice, breach of fiduciary duty, and fraud against a bank and firm arising out of building company's sale of properties were of an assignable nature because claims alleged direct and quantifiable economic injury.

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Lee v. Hawai'i Pac. Health, Inc., NO. 28267, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 1, 2007, Decided
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Overview: Appeal and cross appeal from circuit court judgments were dismissed because they were not appealable final judgments under Haw. Rev. Stat. § 641-1(a) (Supp. 2005), Haw. R. Civ. P. 58, and case law as parties asserted multiple claims but neither judgment specifically identified the claim or claims on which the circuit court was entering judgment.

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State v. Kupahu, NOS. 26580 AND 26586, SUPREME COURT OF HAWAI'I, February 1, 2007, Decided
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