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(DOWNLOAD) "Gilmartin V. Abastillas" by Hawaii Court Of Appeals * Book PDF Kindle ePub Free

Gilmartin V. Abastillas

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eBook details

  • Title: Gilmartin V. Abastillas
  • Author : Hawaii Court Of Appeals
  • Release Date : January 14, 1994
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 57 KB

Description

The primary issue in this appeal is whether the trial court had jurisdiction to enforce a settlement agreement entered into by parties to a lawsuit, after that lawsuit had been unconditionally dismissed with prejudice by stipulation of the parties. We conclude that because Plaintiff had neither obtained a vacatur of the dismissal, nor filed a new lawsuit to enforce the settlement agreement, the trial court lacked jurisdiction to enter any orders enforcing the settlement agreement. We also conclude that if Plaintiff had obtained a vacatur of the dismissal, the trial court would have had jurisdiction to enforce the settlement agreement,  but only after conducting an evidentiary hearing.


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