(DOWNLOAD) "Aickin V. Ocean View Investments Co." by Hawaii Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Aickin V. Ocean View Investments Co.
- Author : Hawaii Supreme Court
- Release Date : January 11, 1997
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Plaintiffs-Appellants John R. Aickin, George C. Meyer, Sr., Colleen R. Meyer, and A & M Corporation (collectively Lessees) appeal from (1) the order denying their motion for summary judgment and (2) the findings of fact (FOFs), Conclusions of law (COLs), and final judgment entered in the Third Circuit Court. On appeal, Lessees contend the trial court erred when it: (1) denied Lessees' motion for summary judgment;*fn1 (2) admitted certain items into evidence;*fn2 (3) entered certain FOFs and COLs; (4) entered its final judgment, in which the court terminated the commercial lease, failed to require Defendant-Appellee Lessor to compensate Lessees for the "windfall" received by Lessor, and awarded attorney's fees and costs to Lessor; and (5) ruled that the lease would not continue for the five-year period commencing April 1, 1993. Lessees, however, devote the bulk of their brief to addressing the principle of equity and the importance of its application in the present case. In other words, Lessees argue that had the trial court properly applied equitable principles, it would not have erred as alleged, supra. Because we believe that equity should intervene in this case, and because we hold that Lessees were not in material default of the lease, we partially reverse those portions of the final judgment and the order granting fees and costs to Lessor.
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