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Showing posts from February, 2009

Party's Over for ex parte Order

Doe v. Doe (ICA February 27, 2009)
Background.Mother and Father had a child.Mom had physical custody and Dad had visitation rights.For about two years a custody battle ensued.Various guardians ad litem were appointed and temporary restraining orders filed.Dad filed an ex parte motion for immediate change of custody on the grounds that Mom was constantly filing TROs against Dad and that she taught their child to say that Dad was molesting her.Attached to the motion was evidence from a guardian ad litem that Mom failed a polygraph test.The ex parte motion was granted without a hearing and the police took the child.Mom moved to vacate the ex parte order on the grounds that it unconstitutional.The family court eventually held a trial on all matters in the case.The family court concluded that the constitutionality of the ex parte order was moot because custody matters were litigated at trial.The family court awarded custody to Dad, who later moved to California with the child, Mom with visi…

ICA goes Seriatim over an "Original Judgment"

Overruled by HSC.Roxas v. Marcos (ICA February 12, 2009)
Background.The facts underlying this case are nothing short of extraordinary and Justice Levinson's recitation of the facts in the first Roxas v. Marcos, 89 Hawai'i 91, 969 P.2d 1209 (1998), reads like a novel.In 1971, Roxas found the famed "Yamashita Treasure," a treasure buried by Japanese soldiers in the Philippines during World War Two.Ferdinand Marcos' people stole the treasure, arrested Roxas, and tortured him.Roxas transferred his interests in the treasure to the Golden Budha Corporation.In 1988, Roxas and the Golden Budha sued Ferdinand for false imprisonment and battery.GBC sued Ferdinand and his wife, Imelda, for conversion, constructive trust, and fraudulent conveyance of the stolen treasure.After Ferdinand died, the parties stipulated to substitute Imelda as the personal representative of his estate.The jury found against the Marcos estate on all counts, but not against Imelda in her personal cap…