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(DOWNLOAD) "Langaman v. Mike Salta Pontiac Inc." by Hawaii Court Of Appeals * eBook PDF Kindle ePub Free

Langaman v. Mike Salta Pontiac Inc.

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eBook details

  • Title: Langaman v. Mike Salta Pontiac Inc.
  • Author : Hawaii Court Of Appeals
  • Release Date : January 16, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

In this debt collection matter, Defendant-Appellant Kamaaina Termite and Pest Control, Inc. (Kamaaina) appeals from two post-judgment orders, the Order Denying Defendants Motion to Set Aside Default Judgment and Motion to Stay Garnishee Summons, filed on March 13, 2006 (Order Denying Set Aside), and the Order Denying Defendants Motion to Reinstate the Motion to Set Aside Default Judgment, filed on April 26, 2006 (Order Denying Reinstatement), in favor of Plaintiff-Appellee Impact Financial Services (Impact), by the District Court of the First Circuit (District Court). On appeal, Kamaaina attacks the validity of a default judgment on the ground that the process server improperly served process upon a Kamaaina office assistant, who Kamaaina asserts did not have authority to accept process. Kamaaina also argues that its Motion to Reinstate a second Motion to Set Aside Default Judgment (Motion to Reinstate) should have been granted because the District Court should have separately considered the arguments raised in both of its motions to set aside the default judgment. Based on the relevant case law, statutes, rules of civil procedure, and the record in this case, we conclude that service on Kamaainas was not improper. We also conclude that District Courts entry of the Order Denying Reinstatement was not an abuse of discretion.


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