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Cedillos v. Gurgone
State: Hawaii
Court: Court of Appeals
Docket No: 24752
Case Date: 02/13/2004
Preview:NOT FOR PUBLICATION NO. 24752 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I PHILIP HENRY CEDILLOS AND MEGHAN RK CEDILLOS, Petitioners-Appellants, v. MARK GURGONE and SHERRY GURGONE, Respondents-Appellees APPEAL FROM THE DISTRICT COURT OF THE SECOND CIRCUIT, WAILUKU DIVISION (CIVIL NO. 2SS01-168(W)) SUMMARY DISPOSITION ORDER Burns, C.J., Lim and Foley, JJ.)

(By:

Philip Henry Cedillos and Meghan RK Cedillos (the Cedilloses) appeal from the November 7, 2001 Order for Dismissal entered by the District Court of the Second Circuit, Wailuku Division1 (district court). The district court dismissed the

Cedilloses' Petition for Ex Parte Temporary Restraining Order and Injunction Against Harassment against Mark Gurgone and Sherry Gurgone (the Gurgones). The Cedilloses and the Gurgones filed

Petitions for Ex Parte Temporary Restraining Order and Injunction Against Harassment (TRO) against each other, and a combined hearing on the TRO's was held on October 31, 2001. On appeal the Cedilloses contend the district court committed reversible error (1) in not considering and summarily denying the Cedilloses' oral motion to dismiss the Gurgones' TRO;

1

The Honorable Geronimo Valdriz presided.

NOT FOR PUBLICATION (2) by denying the Cedilloses their right to confrontation under the Sixth Amendment to the United States Constitution; (3) by denying the Cedilloses their right to due process under the Fifth Amendment to the United States Constitution and Article I,
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