[DOWNLOAD] "Gold Coast Investment Co. v. Strive Island Investments" by In the Supreme Court of the State of Hawaii # Book PDF Kindle ePub Free
eBook details
- Title: Gold Coast Investment Co. v. Strive Island Investments
- Author : In the Supreme Court of the State of Hawaii
- Release Date : January 20, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 73 KB
Description
On April 27, 1997, Plaintiff-Appellee Gold Coast Investment Company (Plaintiff) filed a complaint in the District Court of the Third Circuit (the court)against Defendant-Appellant Strive Island Investments, Inc. (Defendant), seeking summary possession and damages of $34,428 for default on a commercial lease. On May 27, 1997, Defendant filed a petition for bankruptcy under Chapter 11 in federal court. In the bankruptcy case, Defendants debt with Plaintiff was settled by a stipulation (bankruptcy stipulation). That stipulation, and an additional stipulation, entitled "stipulation for entry of judgment of possession" (the judgment stipulation), were filed with the court. On December 6, 1999, Plaintiff filed an ex parte motion for entry of judgment for possession and a writ of possession (ex parte motion) purportedly pursuant to the stipulations. In its December 8, 1999 order, the court granted the ex parte motion for issuance of judgment and writ of possession "pursuant to the Stipulation of the parties." On December 6, 1999, the court filed a judgment for possession and issued a writ of possession against Defendant. Defendant appealed the judgment for possession to this court. On July 5, 2001, this court dismissed the appeal because the bankruptcy petition implemented an automatic stay of any other proceedings. On October 1, 2001, the U.S. Bankruptcy Court granted relief from the automatic stay and Defendants appeal was reinstated.