(Download) "Gilmartin V. Abastillas" by Hawaii Court Of Appeals " eBook PDF Kindle ePub Free
eBook details
- Title: Gilmartin V. Abastillas
- Author : Hawaii Court Of Appeals
- Release Date : January 14, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The primary issue in this appeal is whether the trial court had jurisdiction to enforce a settlement agreement entered into by parties to a lawsuit, after that lawsuit had been unconditionally dismissed with prejudice by stipulation of the parties. We conclude that because Plaintiff had neither obtained a vacatur of the dismissal, nor filed a new lawsuit to enforce the settlement agreement, the trial court lacked jurisdiction to enter any orders enforcing the settlement agreement. We also conclude that if Plaintiff had obtained a vacatur of the dismissal, the trial court would have had jurisdiction to enforce the settlement agreement, but only after conducting an evidentiary hearing.