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Captain Andy's Sailing v. DLNR

113 Haw. 184 (Haw. 2006)
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Captain Andy's Sailing v. DLNR

33 Citing cases

  1. Wagner v. World Botanical Gardens, Inc.

    126 Hawaii 190 (Haw. Ct. App. 2011)   Cited 46 times
    Addressing arguments raised on appeal by a pro se litigant "to the extent they can reasonably be discerned" although finding that the opening brief did not meet the requirements of HRAP Rule 28(b) in a variety of ways

    "[T]he existence of jurisdiction is a question of law that we review de novo under the right/wrong standard." Captain Andy's Sailing, Inc. v. Dep't of Land & Natural Res., 113 Hawai‘i 184, 192, 150 P.3d 833, 841 (2006) (citation omitted). The opinion in Child Support Enforcement Agency addresses Rule 60(b) of the Hawai‘i Family Court Rules (HFCR). 98 Hawai‘i 499, 51 P.3d 366.

  2. Kaanapali Tours, LLC v. State of Haw. Dep't of Land & Natural Res.

    CIVIL 11-00555 LEK-RLP (D. Haw. Jan. 16, 2013)

    Defendants argue that neither DLNR rules nor its regulations allow the unfettered substitution of vessels, and the Hawai`i Supreme Court has recognized that a ORMA permit issued to a vessel is impliedly non-transferable. [Id. (citing Captain Andy's Sailing, Inc. v. Department of Land and Natural Resources, 113 Hawai`i 184, 195, 150 P.3d 833, 844 (2006)).] Thus, Defendants argue that there is no statutory basis for Plaintiff's due process claim.

  3. The Tax Appeal of Hawaiian Airlines, Inc. v. Dep't of Taxation

    155 Haw. 197 (Haw. 2024)

    Here, the Department had notice of the suit and knew the amount deposited was in dispute and needed to go into the litigated claims fund. Hawaiian argued that the case here is unlike that in Captain Andy’s Sailing, Inc. v. Department of Land and Natural Resources, 113 Hawai‘i 184, 150 P.3d 833 (2006), in which we held that a suit was subject to dismissal when commenced more than 30-days after the disputed payment was made. Here, payment was made contemporaneously with its letter in protest of payment and suit was filed within the 30-day period.

  4. The Tax Appeal of Hawaiian Airlines, Inc. v. Dep't of Taxation

    No. SCWC-22-0000349 (Haw. Oct. 7, 2024)

    Here, the Department had notice of the suit and knew the amount deposited was in dispute and needed to go into the litigated claims fund. Hawaiian argued that the case here is unlike that in Captain Andy's Sailing, Inc. v. Department of Land and Natural Resources, 113 Hawaiʻi 184, 150 P.3d 833 (2006), in which we held that a suit was subject to dismissal when commenced more than 30-days after the disputed payment was made. Here, payment was made contemporaneously with its letter in protest of payment and suit was filed within the 30-day period.

  5. In re Office of Info. Practices Op. Letter No. F16-01

    465 P.3d 733 (Haw. 2020)   Cited 8 times

    "[T]he existence of jurisdiction is a question of law that [is] review[ed] de novo under the right/wrong standard." Captain Andy's Sailing, Inc. v. Dep't of Land & Natural Res., 113 Hawai‘i 184, 192, 150 P.3d 833, 841 (2006) (internal quotation marks, brackets, and citation omitted). B. Interpretation of a statute

  6. In re Haw. Elec. Light Co.

    445 P.3d 673 (Haw. 2019)   Cited 19 times
    Holding that in order to appeal an agency decision, an appellant must be "a person aggrieved ... by a final decision and order in a contested case," and "the aggrieved person must have participated in the contested case from which the decision affecting him resulted"

    "The existence of jurisdiction is a question of law that [the appellate court reviews] de novo under the right/wrong standard." Captain Andy’s Sailing, Inc. v. Dep't of Land & Nat. Res., 113 Hawai‘i 184, 192, 150 P.3d 833, 841 (2006) (internal quotation marks and citation omitted). B. Direct Appeal

  7. Deutsche Bank Nat'l Tr. Co. v. Greenspon

    428 P.3d 749 (Haw. 2018)   Cited 5 times

    Additionally, "the existence of jurisdiction is a question of law that [is] review[ed] de novo under the right/wrong standard." Captain Andy's Sailing, Inc. v. Dep't of Land & Natural Res., 113 Hawai'i 184, 192, 150 P.3d 833, 841 (2006) (internal quotation marks and citation omitted). IV. DISCUSSION

  8. Hyland v. Gonzales

    139 Haw. 386 (Haw. 2017)   Cited 3 times

    See Dupree v. Hiraga, 121 Hawai'i 297 , 312, 219 P.3d 1084 , 1099 (2009) ("The existence of jurisdiction is a question of law that we review de novo under the right/wrong standard.” (quoting Captain Andy's Sailing, Inc. v. Dep't of Land & Nat. Res., 113 Hawai'i 184 , 192, 150 P.3d 833 , 841 (2006)). 6

  9. Waltrip v. TS Enters., Inc.

    140 Haw. 226 (Haw. 2016)   Cited 29 times
    Stating that courts and agencies have discretion to liberally construe and recharacterize the filings of pro se litigants in order to promote access to justice

    “[T]he existence of jurisdiction is a question of law that [is] reviewed] de novo under the right/wrong standard.” Captain Andy’s Sailing, Inc. v. Dep’t of Land & Natural Res., 113 Hawai'i 184 , 192, 150 P.3d 833 , 841 (2006) (internal quotation marks and citation omitted).

  10. Greer v. Baker

    137 Haw. 249 (Haw. 2016)

    “The existence of jurisdiction is a question of law that [the appellate court reviews] de novo under the right/wrong standard.” Captain Andy’s Sailing, Inc. v. Dep’t of Land & Natural Res., State of Hawai'i, 113 Hawai'i 184 , 192, 150 P.3d 833 , 841 (2006) (internal quotation marks and citation omitted). IV. Discussion