HRS 0607-0014_0005 ANNOTATIONS

Cross References

Vexatious litigants, see chapter 634J.

Rules of Court

Frivolous appeals, see HRAP rule 38.

Case Notes

Attorney fees were denied; leasing car to foreign national does not in itself constitute negligence on the part of the car lessor. 750 F. Supp. 439.

Denial of motion for sanctions based on this section was not clearly erroneous, where appellant sought a tax refund. 76 H. 1, 868 P.2d 419.

Where appellant engaged in a pattern of frivolous and vexatious litigation, court abused its discretion in failing to award appellees reasonable costs and attorney's fees. 87 H. 446, 958 P.2d 1136.

Trial court abused discretion in granting attorney's fees under this section where, notwithstanding that plaintiff's attorney may have made untrue or inaccurate statements regarding extent of plaintiff's injuries, the question of whether defendant's negligence caused the accident still remained unsolved. 89 H. 292, 972 P.2d 295.

Where it was apparent that plaintiffs' claims were neither frivolous nor pursued in bad faith, as required for an award of attorneys' fees and costs under this section, trial court did not err in denying defendant's motion for attorneys' fees and costs under this section. 98 H. 309, 47 P.3d 1222.

Applies to counterclaim brought after statute's effective date. 4 H. App. 439, 667 P.2d 834.

Respondent's request for attorneys' fees under this section did not constitute a waiver of its jurisdictional defense or a consent to the circuit court's jurisdiction. 82 H. 405 (App.), 922 P.2d 1018.

 

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