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NO. 22787 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I EHP CORP., Plaintiff-Appellee, v. TIMOTHY H. HENDLIN, Defendant-Appellant APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT (CIV. NO. 98-286) MEMORANDUM OPINION Burns, C.J., Watanabe and Lim, JJ.)

(By:

Defendant-Appellant Timothy H. Hendlin (Tenant) appeals the June 29, 1999 Judgment of the district court holding him liable to EHP Corp. (Landlord) for assumpsit regarding a property lease between Tenant and Donrey, Inc., doing business as North Kona Shopping Center, EHP Corp.'s predecessor in interest. The June 29, 1999 Judgment is in the principal amount of $20,0001 and a total amount of $25,439.41. We vacate the July

29, 1999 judgment and remand for further proceedings. BACKGROUND On February 15, 1990, Tenant and Donrey, Inc., doing business as North Kona Shopping Center, entered into a lease (the Lease) of office space in the shopping center. The Lease

provided Tenant with approximately 1,240 square feet in which

When the damages proven exceeded the $20,000 jurisdictional limit of the district court stated in Hawai #i Revised Statutes

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Hawaii Law