Opinion
NO. 14831
June 20, 1991
APPEAL FROM THE FIRST CIRCUIT COURT.
LUM, C.J., PADGETT, HAYASHI, WAKATSUKI, AND MOON, JJ.
Phillip J. French ( Grant K. Kidani and Robert S.N. Young, Kidani-Crudele, on the opening brief; and David C. Schutter and Paul D. Hicks with him on the reply brief, Schutter Glickstein) for appellant.
Jack C. Morse for appellee.
This is an appeal from a summary judgment entered below in a contract action. We reverse because the trial court did not have jurisdiction of the case.
The principal amount of the loan sued on was alleged to be $3,459.60. Counsel for the appellee concedes, and we hold, that since the principal amount was less than $5,000, the circuit court had no jurisdiction under HRS § 604-5(a). That section specifically provides that interest, attorney's fees and costs cannot be included in calculating the jurisdictional amount. Reversed and remanded with instructions to dismiss the case.