HRS 0501-0151 ANNOTATIONS

Rules of Court

As to one form of action whether at law or in equity, see HRCP rules 1, 2, 81(i).

Filing notice, see RLC rule 62(d).

Case Notes

Where plaintiff obtained and recorded its judgment after pendency of foreclosure action was filed with land court, plaintiff had constructive notice of the lawsuit and was bound by state court's orders. 876 F. Supp. 230.

Pursuant to this section, §501-152, and TSA International, the circuit court has jurisdiction to expunge a lis pendens originally recorded in the land court and thus did not err when it asserted jurisdiction over the case. 101 H. 81, 63 P.3d 389.

The circuit court properly granted defendant's motion to expunge the lis pendens where plaintiff's application for lis pendens did not seek to obtain title to or possession of the real property at issue, and thus was not valid. 101 H. 81, 63 P.3d 389.

Lis pendens and supplemental lis pendens invalid where plaintiffs' claims for relief did not fall within categories authorizing filing of lis pendens under this section. 85 H. 398 (App.), 944 P.2d 1341.

Whether a lis pendens is valid under this section is determined by the nature of the relief sought in the recording parties' pleading. 85 H. 398 (App.), 944 P.2d 1341.

 

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