Summary Disposition Standard of Review

[lawlessland]

My question involves court procedures for the state of: hawaii

very happy to find this after hours. So there's no adjudicating at all for me and no trial no instruction for me as well. again, that's 2 years ago. thought everything was dismissed and redirect to another court. But now the other party got the court to grant them attorney n court fees behind my back. so what kind of remedy and defense do I have now? still don't know. oh god---

any smarty to help translate the procedure into plain English? Thank you very much for your help

Case not fully adjudicated on motion. If on motion under this rule judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.

P.S. have to start new thread. the old one put a wrong title for me I couldn't change.

[Mr. Knowitall]

If a court reviews the motion(s), presumably for summary dispositions, and finds in relation to some or all of the issues that there are no material disputes as to the governing facts and law, the court may decide those issues.

[lawlessland]

Thanks a lot Mr. Knowitall

[cmre3456]

Mr. Knowitall is 100% correct. Good luck with your case.

May I please interject with some plain English for you?

A jury is called the "trier of fact" and if facts are in dispute, the jury listens to all evidence and decides what the facts (the truths) are. That's not the judge's job.

The judge rules on what the law is. She decides what evidence is admissible, rules on objections, instructs as to what the law is, etc.

So, if no material facts are in dispute, there is no need for a jury. One side may bring a motion for summary judgment on any or all of the whole, stating that no facts are in dispute (and therefore no need for those issue(s) to go to the jury.)

If the judge agrees, that part(s) need only to go to the jury, the truth already having been decided, for a decision on damages if any. The jury is instructed that no facts are in dispute and that they don't have to deliberate that issue. The jury may or may not still be given some evidence so that they can decide the extent of the damages and decide what if any to award.

[lawlessland]

You are so smart cmre. what if there is no adjudication/judgment, nor trial to address my counterclaim and motion. And, they faked the court order claiming they win everything in their motion and omitted the fact that partial claim like contract breach were dismissed to another court. That's a fraud, right? thought everything was dismissed and resolved, the way they wanted me to interpret. That was 2 years ago. Can they go for final judgment 2 years after the court's decision on summary judgment? there's strict deadline of procedures. don't know time frame for this one. and this final judgment to pay their fees is based on that fake order. there's more stuff they made up. Thanks a lot

[cmre3456]

I don't know what's going on. Every important court doc regarding a case I've ever gotten had a case # on it. If you think the docs are fake, you can go to the court clerk or library and get the case file and read it. Every doc should have a date, so read them in date order to get a complete picture of the process so far. You have the case# somewhere on your docs you do have.

Before you go, have copies or good notes on the docs you don't understand or are suspect.

Yes, if someone is forging court docs I wouldn't want to be him. I doubt it though.

You need to go read the case file and see what's been happening. See if there really was a dismissal?

1. Dismissal withOUT prejudice means it may be able to be re-opened.

2. Dismissal WITH prejudice means it's over and done.

I believe you can come back with a better understanding after reading the chronology of the case so far.

[lawlessland]

Wow, you know a lot. thank you so much cmre,

I didn't explained it well. The word "dismissal" or "dismiss" was not mentioned. the court just told them "...no longer within the jurisdiction, you need to refile small claims... " because they asked for "deposit" back. Actually, in a way, the court actually granted most of my motion to dismiss and dismiss most of their claims but didn't express that way, because the amount they asked for is 9 time's the deposit. So what do you think? The court told me that I didn't need a jury trial. all go to small claim. so I thought that was it with circuit court. Nobody has filed with small claim yet.

Their attorney prepared the court order based on what's said on court hearing. They said they won. (the court did get rid of my defamation claim that I only mentioned 1 time when I countered 4 years ago, my honest misunderstanding of legal terms) That's the "faked order". would it considered fraud, or misleading? I was upset but didn't pay attention. since then, nothing happened until 2 years later now. can you do that? 2 years later?

Yep, they had a hearing behind my back and they got a final judgment for me to pay their legal fees.

[cmre3456]

...since then, nothing happened until 2 years later now. can you do that? 2 years later?

I would go read the case file. See what was entered by the court if anything.

IMHO this would be a good time to consult with an attorney who would sell you the unbundled service of getting any judgement (if any) overturned due to improper service or lack of jurisdiction or whatever is possible.

Yep, they had a hearing behind my back and they got a final judgment for me to pay their legal fees.

I'm lost. On the one hand, the judge dismissed the case due to lack of jurisdiction? On the other hand the judge continued the case and granted a judgment? Or, did the other party go to small claims "behind your back?"

If the judge dismissed the case and then later entered a judgment, you should be able to get the judgment overturned. If something was done "behind your back" meaning, I think, that you weren't properly served notice, then you may have grounds to overturn it.

I suspect that you may be a little bit confused as to how the law works, because your statements don't track for me.

Some attorneys will sell unbundled services, meaning that they will do something for you without taking on the whole case. Again, I think you need an attorney.

[lawlessland]

Thank you so much cmre,

Yeah, I called so many places, nobody's interested. not even for taking over the whole case.

They basically have no case. I think they all want to make everything open to interoperation and as confused for me as possible. If I don't know it, they'd come in for a kill.

All the judge said were 1.granted them the some minor claims in my counter, and 2. refile in small claim if they want their deposit back. the court order they made up read 1. their summary judgment granted 2. judgment "in favor" of them and "against" me regarding my counter 3. this court no longer has jurisdiction over this matter and the case must be refiled in the district court (judge said small claim), but, some people said, there is no disposition, not a appealable order.

No, nobody went to small claim. all happened in circuit C when they got the final judgment. Took me quite a while to know this new order is consider final judgment. In the court minute, judge instruct to prepare final judgment. however the word "final" is not on the order they prepared and sent me, it just read "it is hereby order, adjudged, and decreed, that... motion for fees is granted.." sounds totally like any other orders before. they sure want me to miss the appeal deadline. I wonder whether years later, they'd come back and asking for more things. any way, I'd go ahead to take action already. Have a great day. God bless.