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   State Courts - Hawaii - February 24, 2006

  
Bienvenue v. Bienvenue, NO. 26793, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 24, 2006, Decided
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Overview: A court erred on remand in modifying parties' divorce decree by holding that wife was awarded 35 percent of husband's "military disposable retired or retainer pay," which did not include future disability pay, because if husband's non-disability retirement pay was insufficient, wife would have possibility of direct recourse against him personally.

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Cabinet Distribs., Inc. v. GEBCO of Haw., Inc., No. 26095, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 24, 2006, Decided
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Overview: Court erred in awarding summary judgment to a buyer in seller's breach of contract action because record was replete with genuine issues of material fact. However, the court properly awarded summary judgment to individuals where there was nothing anywhere in the pleadings or in the documentary evidence that supported claims against the individuals.

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In re Prot. of the Prop. of Elstner, NO. 25780, SUPREME COURT OF HAWAI'I, February 24, 2006, Decided
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State v. Batalona, NO. 26384, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 24, 2006, Decided
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Overview: A trial court was not barred by Haw. Rev. Stat. § 706-646 (Supp. 2005) from ordering restitution to the State of Hawaii for repairs to a prison where the State was a direct victim of defendant's crime; defendant damaged prison cells and other areas of the prison in the course of his escape.

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State v. Ikeda, NO. 26166, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 24, 2006, Decided
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State v. Williams, NO. 26823, SUPREME COURT OF HAWAI'I, February 24, 2006, Decided
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Terry v. State, NO. 26572, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 24, 2006, Decided
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Overview: The denial of the inmate's petition for postconviction relief was proper pursuant to he failed to timely raise his issues and they were therefore barred under Haw. R. Penal P. 40(a)(3).

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