Legal Opinion
Tagupa v. VIPDESK.
Hawaii Supreme Court
Decided June 29, 2015No. SCWC-13-0002084PublishedCited by 9 opinions
1Opinion of the Court
Opinion of the Court by
POLLACK, J.
At issue in this case is the authority of a trial court to condition the voluntary dismissal of a complaint upon the plaintiff’s payment of the defendant’s attorney’s fees and costs. We hold that such authority exists under the Hawaii District Rules of Civil Procedure (HDCRCP) Rule 41(a)(2) (1996), but it is subject to certain procedural requirements. Additionally, the exercise of this authority must comport with equitable factors to accord substantial justice to the parties.
I. BACKGROUND
1. District Court Complaint
On October 26, 2012, Lettie Tagupa, pro se,…
2Cases cited38 opinions
- Ann J. Malone v. United States Postal Service, an Agency of the United StatesCourt of Appeals for the Ninth Circuit · 1987
- Reta L. McCants as Administratrix of the Estate of Johnny L. McCants Deceased v. Ford Motor Company, Inc.Court of Appeals for the Eleventh Circuit · 1986
- Bennie M. Callip v. Harris County Child Welfare Department, George FordCourt of Appeals for the Fifth Circuit · 1985
- Kawamata Farms, Inc. v. United Agri ProductsHawaii Supreme Court · 1997
- American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
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3Cited by9 opinions
- Gerald Carroll v. E One IncCourt of Appeals for the Third Circuit · 2018
- Tagupa v. VIPdesk, Inc.District Court, D. Hawaii · 2015
- Viscito v. ChristiansonNorth Dakota Supreme Court · 2016
- Auld-Susott v. GalindoDistrict Court, D. Hawaii · 2025
- Conner v. Macquarie Infrastructure Corp.District Court, D. Hawaii · 2021
4 more not listed; retrieve them via the Exa API.