Employees' Retirement System v. Big Island Realty, Inc.
Hawaii Intermediate Court of Appeals
1Per curiam
A broker 1 in a negotiated foreclosure sale contract which was approved by the lower court but which did not close because the buyer defaulted appeals the court’s award to it of a $25,000 commission, claiming entitlementto a$75,000 commission.
This case involves a trap for the unwary of which we spoke in Sturkie v. Han, 2 Haw. App. 140, 627 P.2d 296 (1981). Sua sponte, we question our jurisdiction to entertain this appeal. B.D.M. Inc. v. Sageco, Inc., 57 Haw. 73, 549 P.2d 1147 (1976). We hold that the matter of the broker’s commission is a matter relating to the expenses of sale (in this…
2Cases cited17 opinions
- Cohen v. Beneficial Industrial Loan Corp.Supreme Court of the United States · 1949
- BDM, INC. v. Sageco, Inc.Hawaii Supreme Court · 1976
- MDG Supply, Inc. v. Diversified Investments, Inc.Hawaii Supreme Court · 1969
- Cleveland v. ClevelandHawaii Supreme Court · 1977
- Flegenheimer v. Manitoba Sugar Co., Ltd.Court of Appeals for the Second Circuit · 1950
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3Cited by5 opinions
- King v. Ilikai Properties, Inc.Hawaii Intermediate Court of Appeals · 1981
- Mf Williams v. City and Cty. of HonoluluHawaii Intermediate Court of Appeals · 1982
- TBS Pacific, Inc. v. TamuraHawaii Intermediate Court of Appeals · 1984
- Park v. EsperanzaHawaii Intermediate Court of Appeals · 1981
- Mohl v. Bishop Trust Co., Ltd.Hawaii Intermediate Court of Appeals · 1981