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Nihipali v. Lopez
State: Hawaii
Court: Court of Appeals
Docket No: 22832
Case Date: 01/30/2001
Preview:NO. 22832 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I KAILENE NIHIPALI, Petitioner-Appellee, v. DUSTIN-JAMES LOPEZ, Respondent-Appellant APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT, HONOLULU DIVISION (CIV. NO. 1SS 99-289) MEMORANDUM OPINION Watanabe, Acting C.J., Lim and Foley, JJ.)

(By:

Respondent-Appellant Dustin-James Lopez (Lopez) appeals from a post-judgment order denying his District Court Rules of Civil Procedure (DCRCP) Rule 60(b) Motion to Vacate Order Granting Petition for Injunction Against Harassment (60(b) motion). Lopez contends that the district court abused its

discretion when it denied his 60(b) motion without holding an evidentiary hearing and/or because Lopez had refused to continue the hearing on the TRO petition pending disposition of his criminal case. We disagree with Lopez's contentions and affirm

the district court's denial of his 60(b) motion. I. BACKGROUND

On April 14, 1999, Petitioner-Appellee Kailene Nihipali (Nihipali) filed a Petition for Ex Parte Temporary Restraining Order and For Injunction Against Harassment pursuant to Hawai#i Revised Statutes (HRS)
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