[Download] "Thornley v. Sanchez" by Hawaii Court of Appeals No. 15823 # eBook PDF Kindle ePub Free

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eBook details

• Title: Thornley v. Sanchez
• Author : Hawaii Court of Appeals No. 15823
• Release Date : January 27, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 56 KB

Description

OPINION OF THE COURT BY WATANABE, J. Defendant-Appellant Michele Roda-Villanueva (Defendant) appeals from (1) the November 9, 1989 order denying Defendant's motion
for dismissal for failure to join an indispensable party; (2) the February 5, 1990 order granting a motion for entry of judgment
against Defendant; and (3) the October 25, 1991 judgment entered by the District Court of the First Circuit, awarding $6,422.11
to Plaintiffs-Appellees Mathias P. and Gwendolyn V. Thornley (collectively, the Thornleys) for breach of the terms of an assumption
deed. We affirm the order denying Defendant's motion for dismissal and the judgment in favor of the Thornleys. However, because
our review of the record reveals that the October 25, 1991 judgment awarded damages to the Thornleys for amounts already paid
to them by Defendant, and also awarded them attorney's fees in excess of the amount authorized by Hawaii Revised Statutes
(HRS) § 607-17 (1985), we remand this case to the trial court, with directions to amend the judgment to conform
to the principles discussed in this opinion.

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