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| State v. Shimabukuro, NO. 26951,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 21, 2006, Decided
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| Arakaki v. SCD-Olanani Corp., NO. 24789,
SUPREME COURT OF HAWAI'I, February 23, 2006, Decided
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Overview: Circuit court erred in granting summary judgment to a contractor because its motion and affidavits did not present evidence to rule out genuine issues of material fact as to obligors' possible default on promissory note at issue and local rules did not compel court to construe obligors' silence as waiver of objections to grant of summary judgment.
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| Burpee v. Garibay, 25421,
SUPREME COURT OF HAWAI'I, February 23, 2006, Decided
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Overview: Trial court erred in applying covered loss deductible statute, Haw. Rev. Stat. § 431:10C-301.5, and reducing an arbitration award on plaintiff's motor vehicle tort claims, because neither party filed a notice of appeal and request for trial de novo, thus award was entered as final judgment and was not subject to review under Haw. R. Civ. P. 59.
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| Enoka v. AIG Hawai'i Ins. Co., NO. 25291,
SUPREME COURT OF HAWAI'I, February 23, 2006, Decided
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Overview: Insurer was not obligated to provide no-fault benefits to passenger injured because she was excluded under a provision of the policy that stated that it would not provide no-fault coverage for bodily injury to any family member who was a named insured under another no-fault policy, except while occupying the covered auto.
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| Lee v. Puamana Cmty. Ass'n, NO. 24265,
SUPREME COURT OF HAWAI'I, February 23, 2006, Decided
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Overview: Trial court erred in granting partial summary judgment for homeowners against planned community association and its BOD because homeowners' deeds were subject to the declaration of covenants, conditions and restrictions (CCR) that allowed amendment to include minor encroachments onto the common areas, such as "popouts" allowed on individual units.
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| State v. Silva, NO. 24682,
SUPREME COURT OF HAWAI'I, February 23, 2006, Decided
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Overview: In DUI case, former Haw. Rev. Stat. § 291-4(a)(1), trial court did not abuse its discretion in admitting arresting officer's testimony with respect to results and accuracy of the horizontal gaze nystagmus test of field sobriety test. But, trial court erred in imposing a license suspension concurrent with an administrative revocation of the license.
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