· 6/13/1995
Shasteen, Inc. v. Hilton Hawaiian Village Joint Venture
Citations
- 899 P.2d 386
- 79 Haw. 103
- 1995 Haw. LEXIS 46
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- this court prefers “giving parties an opportunity to litigate claims or defenses on the merits”
- this court prefers \giving parties an opportunity to litigate claims or defenses on the merits\
- “[A] corporation should be allowed an opportunity to secure counsel before permitting an entry of default against the corporation or, as in this case, dismissing the action[.]”
- “[D]ismissal of a complaint is such a severe sanction, that it should be used only in extreme circumstances where there is clear record of delay or contumacious conduct[.]”
- “[T]here is no indication in the record that the Shasteen corporation’s failure to secure substitute counsel, to attend the settlement conference with counsel, or to reschedule the conference constituted contumacious conduct . . . .”
- “[D]ismissal of a complaint is such a severe sanction, that it should be used only in extreme circumstances where there is clear record of delay or contumacious conduct . . . .” (quoting Lim v. Harvis Constr., Inc., 65 Haw. 71, 73, 647 P.2d 290, 292 (1982))
Source: CourtListener parenthetical corpus (CC0).
Judges: Moon, Levinson, Nakayama, Ramil, Crandall, Klein
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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