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| Aames Capital Corp. v. Hernando, NO. 26706,
SUPREME COURT OF HAWAI'I, April 17, 2006, Decided
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Overview: A grant of summary judgment against defendants in a mortgage foreclosure action and ejectment action was appropriate because the newspaper in which plaintiff advertised the foreclosure sale was a newspaper of general circulation within the meaning of Haw. Rev. Stat. § 667-5; it published news of general interest and circulated within the county.
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| Aholelei v. Monell, NO. 26155,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 17, 2006, Decided
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Overview: Summary judgment was properly awarded to county in plaintiffs' wrongful death action where plaintiffs submitted no evidence disputing county's assertion that it did not own, control, or maintain roadway or shoulder in question. To the extent that plaintiffs' claim was based on county's duty to maintain its own roadways, it failed as matter of law.
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| State v. Kakugawa, NO. 26503,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 17, 2006, Decided
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Overview: Appellate court affirmed defendant's conviction for second degree murder and attempted second degree murder as the use of stipulated testimony during defendant's trial constituted harmless error because the testimony in no way contributed to defendant's conviction.
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| State v. Mance, NO. 25488,
SUPREME COURT OF HAWAI'I, April 17, 2006, Decided
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Overview: Defendant's conviction for criminal contempt of court, in violation of Haw. Rev. Stat. § 710-1077(1)(g), was upheld where a reasonable mind could have fairly concluded that Lahaina court ordered him to appear in Lahaina, not Wailuku, and that his appearance at wrong court constituted conscious, knowing disobedience of order beyond reasonable doubt.
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| State v. Yalon, NO. 27290,
SUPREME COURT OF HAWAI'I, April 17, 2006, Decided
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Overview: Trial court's finding that defendant's compliance with requirements of expedited sentencing statute for incest cases, Haw. Rev. Stat. § 706-606.3(10), could not be verified was not clearly erroneous, and § 706-606.3(10) gave the trial court discretion to impose a sentence not in accordance with § 706-606.3(10) despite fulfillment of requirements.
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| Haw. Teamsters & Allied Workers, Local 996 v. Dep't of Labor & Indus. Rels., NO. 27301,
SUPREME COURT OF HAWAI'I, April 18, 2006, Decided
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Overview: Trial court properly affirmed decision disqualifying the union members from receiving unemployment compensation benefits under Haw. Rev. Stat. § 383-30(4) on the ground that they had been involved in a work stoppage because the evidence showed there was a substantial curtailment of the bus company's business activities due to the labor dispute.
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| Whitey's Boat Cruises, Inc. v. Napali-Kauai Boat Charters, Inc., NO. 26334,
SUPREME COURT OF HAWAI'I, April 18, 2006, Decided
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Overview: Grant of summary judgment in favor boat tour promoters in an action brought by boat tour operators was affirmed as Hanalei Estuary Management Plan, County of Kauai, Haw., SMA Rules and Regulations, § 19 and Ocean Recreation Management Rules and Areas', Haw. Admin. R. ch. 13-256 did not create a private rights of action.
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| Clark v. Clark, NO. 26209,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 19, 2006, Decided
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Overview: A finding against the mother was improper where dependent social security benefits could not be credited against child support arrearages accruing before the claimant's entitlement to the benefits. The family court's finding in favor of the father to the contrary was thus incorrect.
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| Fisher v. Fisher, NO. 26935,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, April 19, 2006, Decided
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Overview: Order granting parties divorce was upheld in part because there was substantial evidence to support determination that relocation to Virginia with father was in best interest of children. However, court erred by referring to father's residence in Virginia as the children's primary residence because decree awarded the parties joint physical custody.
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| Kamalu v. ParEn, Inc., NO. 24671,
SUPREME COURT OF HAWAI'I, April 19, 2006, Decided
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Overview: Appellees, as prevailing parties on their cross-claim against the State, were not entitled to attorney fees because Haw. Rev. Stat. § 607-14 applied to assumpsit actions, not tort actions, and Haw. Rev. Stat. § 607-15.5 did not authorize an award of attorney fees in tort actions, but merely limited fees to a reasonable amount approved by the court.
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