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ALLEN v. ALLEN

No. 8183.

634 P.2d 609 (1981)

Linda Mary ALLEN, Plaintiff-Appellee, Cross-Appellant, v. Scott Ethan ALLEN, Defendant-Appellant, Cross-Appellee.

Intermediate Court of Appeals of Hawaii.

As Amended October 21, 1981.

Reconsideration Denied November 10, 1981.

Certiorari Granted November 30, 1981.

Attorney(s) appearing for the Case

Shackley F. Raffetto, Wailuku (Mukai, Ichiki, Raffetto & MacMillan, Wailuku, of counsel), for defendant-appellant, cross-appellee.

Paul R. Mancini, Kahului (Chester A. Richardson, Kahului, with him on the brief; Case, Kay & Lynch, Kahului, of counsel), for plaintiff-appellee, cross-appellant.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.

BURNS, Judge.

Plaintiff-Appellee, Cross-Appellant Linda Mary Allen (Wife) appeals the lower court's summary dismissal of her complaint for separate maintenance, for child custody and support, and for attorney's fees and costs.

The issue is whether the lower court erred in deciding that it lacked jurisdiction and in deciding without the benefit of an adversary hearing that it was an inconvenient forum. We hold that it erred and we reverse.

The appeal...

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