· 2/22/1971
Mauian Hotel, Inc. v. Maui Pineapple Company
Citations
- 481 P.2d 310
- 52 Haw. 563
- 1971 Haw. LEXIS 122
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an amended complaint related back to a timely asserted original complaint alleging the same factual situation
- holding that “the statute of limitations is a personal defense and a person may waive the benefits of such statute”
- concluding that a third-party defendant who entered into a court-approved stipulation with an insurance carrier, which permitted the insurance carrier to amend its answer to include a claim against the third-party defendant, was estopped from asserting the statute of limitations as a defense
- applying Hawai#i Rules of Civil Procedure (HRCP) Rule 15(c) concerning amendment of a pleading
- an action to recover for property damage caused by the overflow from a burst dam, id. at 564, 481 P. 2d at 312
- amended claims will not be barred if other party has been put on notice in- the original pleading regarding what evidence to gather, regardless of when the claim itself is asserted
Source: CourtListener parenthetical corpus (CC0).
Judges: Richardson, Abe, Levinson, Kobayashi, Marumoto
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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