Flint v. MacKenzie

Appellees, heretofore Lessees, have filed a petition for rehearing in the above entitled matter. They contend, inter alia, that Appellant, heretofore Lessor, never moved for summary judgment in her behalf. Section 12-105, HRS, provides that in an appeal from the circuit courts, the supreme court, “upon determination of any appeal, may enter any judgment the circuit court would be authorized to enter.”

The question then becomes whether or not the circuit court may enter summary judgment in favor of a nonmoving party. On this point there is a divergence of judicial opinion; however, the great…