[DOWNLOAD] "Gilmartin V. Abastillas" by Hawaii Court Of Appeals ~ eBook PDF Kindle ePub Free

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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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