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| Bender v. Lee, NO. 25590,
SUPREME COURT OF HAWAI'I, September 21, 2006, Decided
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Overview: The circuit court did not abuse its discretion in denying defendant's motion under Haw. R. Civ. P. 62(c) to stay an injunction ordering the disconnection of her sewer line from a sewer line running through plaintiffs' property. Defendant failed to obtain a supersedeas bond, which was required for a stay to issue.
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| Ho'opulapula v. Bd. of Land & Natural Res., NO. 27159,
SUPREME COURT OF HAWAI'I, September 21, 2006, Decided
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Overview: Appellants' failure to comply with the specific procedures promulgated by the Hawai'i Department of Natural Resources, specifically, Haw. Admin. R. 13-1-29, in requesting a contested case hearing precluded judicial review pursuant to Haw. Rev. Stat. § 91-14(a).
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| Kim v. Pac. Guardian Ctr., NO. 27430,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 21, 2006, Decided
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Overview: Trial court did not err in granting summary judgment to landlord in tenants' suit for, inter alia, damages for breach of the covenant of good faith and fair dealing; landlord had no duty under the lease to negotiate in good faith an amendment to the existing lease or a new lease more favorable to tenants thus no breach of the covenant had occurred.
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| Limas v. State, NO. 28002,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 21, 2006, Decided
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| State v. Dunbar, NO. 27424,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 21, 2006, Decided
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Overview: Defendant's conviction for attempted escape in the second degree, in violation of Haw. Rev. Stat. §§ 710-1021(1), 705-500, and 701-109(4)(b) (1993), was upheld because while the offense of escape in the second degree required that the escape be made from police custody, there was no requirement that the police custody be lawful police custody.
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| Thomas v. Takabayahi, NO. 27553,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 21, 2006, Decided
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Overview: Summary judgment was properly awarded to realtor in property owner's action for injunction enjoining realtor from disconnecting connection to cesspool on adjoining property, if the realtor purchased adjoining property, where the owner submitted a document in which the current owner of the adjoining property conveyed to her the use of the cesspool.
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| Breiner v. Sunderland, NO. 27889,
SUPREME COURT OF HAWAI'I, September 22, 2006, Decided
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Overview: Supreme Court of Hawai'i granted attorney's writ of prohibition and ordered office of disciplinary counsel (ODC) to remove special assistant disciplinary counsel from further participation in investigations involving attorney; ODC breached its duty to investigate and prosecute fairly and abused its broad discretion granted to it by supreme court.
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| In the Interest of J.T., NO. 28019,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 22, 2006, Decided
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| Egger v. Egger, NO. 27481,
INTERMEDIATE COURT OF APPEALS OF HAWAI'I, September 25, 2006, Decided
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Overview: Where the former wife filed a motion for post-decree relief seeking a change in child custody, the trial court erred by granting the former husband's motion to dismiss brought pursuant to Haw. Fam. Ct. R. 7. The former wife alleged a material change of circumstances since the previous custody order.
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