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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.