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Dannenberg v. Darick

Supreme Court of Hawaii
Jan 21, 2003
23615 (Haw. Jan. 21, 2003)

Opinion

23615

January 21, 2003.

APPEAL FROM THE FIRST CIRCUIT COURT (S.P. NO. 99-0468)

On the briefs:

Warren J. Darick, respondent-appellant.

pro se John P. Dellera, Deputy Attorney General, for petitioner-appellee.

MOON, C.J., LEVINSON, NAKAYAMA, and ACOBA, JJ. and CIRCUIT JUDGE KOCHI, ASSIGNED BY REASON OF VACANCY


SUMMARY DISPOSITION ORDER

Respondent-appellant Warren J. Darick (Darick), pro se, appeals from the June 26, 2000 judgment of the circuit court of the first circuit, the Honorable Kevin S.C. Chang presiding, granting plaintiff-appellee the Honorable James H. Dannenberg's (Judge Dannenberg) petition for an order expunging Darick's nonconsensual common law lien. Darick argues that the circuit court erred in denying his demand for jury trial, or at the very least, erred by not setting forth findings of fact and conclusions of law in response to his demand for jury trial.

Upon carefully reviewing the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised, we hold that: (1) Darick was not entitled to a jury trial pursuant to the seventh amendment of the United States Constitution, as it is not applicable to the states in accordance with this court's opinion in Lii v. Sida of Hawai`i, Inc., 53 Haw. 353, 355, 493 P.2d 1032, 1033 (1972); (2) pursuant to article I, section 13 of the Hawai`i Constitution, Darick was not entitled to a jury trial, inasmuch as the suit was one in equity; and (3) the circuit court did not fail to set forth sufficient findings of fact and conclusions of law regarding its denial of jury trial. Therefore,

IT IS HEREBY ORDERED that the order from which this appeal is taken is affirmed.


Summaries of

Dannenberg v. Darick

Supreme Court of Hawaii
Jan 21, 2003
23615 (Haw. Jan. 21, 2003)
Case details for

Dannenberg v. Darick

Case Details

Full title:THE HONORABLE JAMES H. DANNENBERG, Judge of the District Court of the…

Court:Supreme Court of Hawaii

Date published: Jan 21, 2003

Citations

23615 (Haw. Jan. 21, 2003)