Thomas Perez Narvaez v. Simon B. Rojas and Kathy Rojas

Summary

The Hawaiʻi Intermediate Court of Appeals reversed a District Court judgment awarding $26,570.19 in attorney's fees to defendants in a summary possession action. The court held that the action was not in the nature of assumpsit under Hawaiʻi Revised Statutes § 607-14 and that the sublease did not provide for attorney's fees, although it concluded that the District Court's judgment was otherwise valid despite the timing of an earlier fee order.

Holdings

1. Although the district court lacked jurisdiction to enter the fee order before the appellate judgment became effective, the later fee judgment was valid because it was entered after jurisdiction reverted to the district court and after the court considered the fee order and amount.
2. A summary possession action seeking possession and a writ of possession, without seeking recovery of contract damages or other monetary damages, is not an action in the nature of assumpsit under HRS § 607-14.
3. HRS § 607-14 provided no basis for the fee award because the action was not in the nature of assumpsit, and the sublease did not itself provide for attorney's fees.

Questions Presented

1. Whether the district court's fee judgment was valid even though the fee order was entered before the Intermediate Court of Appeals' prior judgment became effective and jurisdiction reverted to the district court.
2. Whether a summary possession action seeking possession and a writ of possession, without contract damages, is an action in the nature of assumpsit for purposes of HRS § 607-14.
3. Whether HRS § 607-14 authorized attorney's fees where the sublease did not contain an attorney's-fee provision.

Disposition

reversed