Honma v. Aana

Summary

The Hawaiʻi Intermediate Court of Appeals affirmed the dismissal without prejudice of Russell Honma’s landlord-tenant complaint for summary possession, unpaid rent, and damages. The court concluded that the complaint appeared to have been filed before expiration of the required 45-day termination notice for a month-to-month tenancy under Hawaiʻi Revised Statutes § 521-71(a). The court also declined to review other alleged errors because the appellant did not provide an adequate record, including a transcript of the trial.

Holdings

1. The dismissal without prejudice was properly affirmed because the complaint appears to have been filed before expiration of the 45-day termination period required for termination of a month-to-month tenancy under Hawaiʻi Revised Statutes § 521-71(a).
2. The court could not review alleged errors based on the evidence presented at trial or the district court's related reasoning because Honma failed to provide a transcript of the pertinent trial proceedings.

Questions Presented

1. Whether the district court erred by dismissing Honma's complaint without prejudice as premature when the complaint was filed before expiration of the 45-day termination notice period for a month-to-month tenancy.
2. Whether the appellate court could review alleged errors relating to the evidence presented at trial and the district court's reasoning when the appellant failed to provide a transcript of the trial.

Disposition

affirmed