[Download] "Jezierny v. Biggins" by Hawaii Supreme Court ~ Book PDF Kindle ePub Free

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eBook details

• Title: Jezierny v. Biggins
• Author : Hawaii Supreme Court
• Release Date : January 12, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Notwithstanding that Appellant describes this as an uncontested divorce proceeding, it is adversary in form and cannot be otherwise. Indeed, by withdrawing her "waiver of notice", Appellant has confirmed the adversary nature of the proceeding. In denying Appellants objections to the amendment of the complaint to substitute her husbands surname for her maiden surname by which she is designated in the complaint, the family court left standing its refusal to grant the prayer of the complaint upon the uncontested hearing. However, Appellee has not sought to amend the complaint and the only action of the family court which could possibly be regarded as appealable is that refusal. The record does not disclose that Appellee is dissatisfied with the ruling upon his complaint. Thus Appellant presents us with the anomalous situation of a defendant appealing from the refusal of the court to enter a judgment against her as prayed in the complaint. As the successful party below, she has no standing to prosecute this appeal in order to obtain an advisory opinion on the reasons given by the family court for its ruling. Public Service Commission v. Brashear Lines, 306 U.S. 204 (1939).

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