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   State Courts - Hawaii - February 23 - February 26, 2007

  
Diplomat Tours & Travel, Inc. v. Lazo, NO. 26570, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 23, 2007, Decided
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Overview: A district court properly entered judgment for a travel company where there was no evidence that it failed to act in accord with Haw. Rev. Stat. § 468L-5 (1993) when it accepted an individual's endorsed check for travel services provided to another entity and nothing indicated that it had participated in breach of fiduciary duty by that entity.

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Diplomat Tours & Travel, Inc. v. Sanga, NO. 26566, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 23, 2007, Decided
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Douglas v. State, NO. 27060, SUPREME COURT OF HAWAI'I, February 23, 2007, Decided
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Overview: In a quiet title action, a court properly found for defendant because there was substantial evidence in the record to support the court's findings that: (1) the correct location of the poalima was needed to measure the description of the subject property; and (2) the correct location of the poalima was its location as depicted on a 1926 map.

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Grandinetti v. Shimoda, NO. 28347, SUPREME COURT OF HAWAI'I, February 23, 2007, Decided
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State v. Basuel, NO. 27080, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 23, 2007, Decided
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Overview: Circuit court erred by imposing a $ 60,000 fine because there was nothing in the record indicating that defendant was or would be able to pay the fine or that the circuit court took into account defendant's financial resources and the nature of the burden that its payment would impose, as required by Haw. Rev. Stat. § 706-641(3)(a), (4) (1993).

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State v. Campbell, No. 27339, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 23, 2007, Decided
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Overview: Evidence of defendant's attempt to rob a second customer at the same ATM on day after charged robbery was properly relevant under Haw. R. Evid. 404 to a key disputed issue as to defendant's intent in possessing Exacto knife; jury could infer that defendant had intentionally taken the cap off the knife and intended to use it in a threatening manner.

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State v. Grindling, NO. 26696, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 23, 2007, Decided
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Overview: Defendant's convictions for second degree criminal and harassment were affirmed on appeal, where there was substantial evidence to support the district court's conclusion that defendant was guilty of both crimes.

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State v. Wachi, NO. 26477, SUPREME COURT OF HAWAI'I, February 23, 2007, Decided
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Jelks v. Haw. Paroling Auth., NO. 28293, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 26, 2007, Decided
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Overview: Because a circuit court had not yet reduced to a separate judgment an order of dismissal adjudicating an administrative appeal that was appealable under Haw. Rev. Stat. §§ 602-57 and 641-1, an intermediate appeal was premature and lacked jurisdiction under Haw. R. Civ. P. 58 and 72(k) and under the separate judgment doctrine.

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Lee v. Maise, NO. 28310, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, February 26, 2007, Decided
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Overview: Appeal was untimely as court did not dispose of Haw. R. Civ. P. 59(e) motion for reconsideration and under 90-day limit of Haw. R. App. P. 4(a)(3), Haw. R. Civ. P. 59(e) motion for reconsideration was deemed denied on October 31, 2006 and appellant did not file his notice of appeal within 30 days after that date as Haw. R. App. P. 4(a)(3) required.

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