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GILMARTIN v. ABASTILLAS

No. 16078.

869 P.2d 1346 (1994)

Dale M. GILMARTIN, Plaintiff-Appellee, v. Paz F. ABASTILLAS, Defendant-Appellant.

Intermediate Court of Appeals of Hawaii.

March 14, 1994.

Attorney(s) appearing for the Case

Robert A. Smith, on the brief, Kaneohe, for defendant-appellant.

Jeffrey S. Portnoy (Cades Schutte Fleming & Wright, of counsel), on the brief, Honolulu, for plaintiff-appellee.

Before BURNS, C.J., and HEEN and WATANABE, JJ.

WATANABE, Judge.

The primary issue in this appeal is whether the trial court had jurisdiction to enforce a settlement agreement entered into by parties to a lawsuit, after that lawsuit had been unconditionally dismissed with prejudice by stipulation of the parties. We conclude that because Plaintiff had neither obtained a vacatur of the dismissal, nor filed a new lawsuit to enforce the settlement agreement, the trial court lacked jurisdiction to enter any orders enforcing...

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