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   State Courts - Hawaii - June 27, 2006

  
Egusa v. Egusa, NO. 27359, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 27, 2006, Decided
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Overview: Termination of ex-husband's parental rights in 1982 did not supersede a 1980 divorce decree provision that required him to place a portion of the proceeds from the sale of the marital home in a trust for the parties' children, but decree named the husband as trustee; thus, trial court was not authorized to order him to pay the fund to the wife.

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Giles v. Giles, NO. 27124, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 27, 2006, Decided
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Overview: Order from a family court denying receiver's requested sum of $ 23,104 for his services in taking possession of and selling wife's residential property in divorce action was upheld where receiver's task was not unduly difficult or complex in terms of work performed or issues raised; number of hours expended in carrying out assignment was excessive.

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Nat'l Mortg. Real Estate Corp v. Stevens, NO. 27528, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 27, 2006, Decided
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Overview: Judgment for possession and writ of possession were properly entered in favor of managing agent against tenant where the agent claimed that tenant violated lease provision by physically threatening maintenance worker. Pursuant to Haw. Rev. Stat. § 521-72, tenant was not entitled to 10-day notice of violation instead of immediate termination notice.

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Okada v. Okada, NO. 27216, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 27, 2006, Decided
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Overview: Order distributing property in divorce action was vacated and case was remanded where family court erred in adopting wife's property division chart in allocating division of property. The family court also erred in granting the wife's request for reimbursement of one-half of payment that she made for support of children during parties' separation.

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State v. Leak, NO. 26831, INTERMEDIATE COURT OF APPEALS OF HAWAI'I, June 27, 2006, Decided
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Yamane v. Pohlson, NO. 27047, SUPREME COURT OF HAWAI'I, June 27, 2006, Decided
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Overview: Trial court erred in dismissing parents' medical malpractice claim for not naming medical group's employee, a pediatric hematology/oncology specialist, in Haw. Rev. Stat. ch. 671 medical claims conciliation panel (MCCP) proceedings because parents had alleged group was vicariously liable, which satisfied ch. 671's prerequisites for filing suit.

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