Circuit Court Proceedings Sample Clauses

Circuit Court Proceedings. On October 28, 2009, Xxxxxxx filed a complaint to quiet title and for partition (quiet title action) of the Property in the Circuit Court of the First Circuit (circuit court). The quiet title action named Xxxxxxx and numerous other individuals as defendants; however, Xxxx was not named. In October 2010, upon motion by Xxxxxxx, the circuit court entered default against Xxxxxxx in the quiet title action; subsequently, the default was set aside pursuant to a motion filed by Xxxxxxx. In support of Xxxxxxx’x motion to set aside default, both Xxxxxxx’x attorney and Xxxx had filed declarations stating that Xxxx should be named as a defendant. The motion to set aside default was filed in conjunction with Xxxxxxx’x answer to Xxxxxxx’x quiet title action. The answer asserted adverse possession as an affirmative defense. Xxxxxxx did not file a cross claim against any of her codefendants. On January 3, 2011, Xxxxxxx moved for summary judgment to quiet title in the Property in himself and the other cotenants, including Xxxxxxx. Xxxxxxx submitted various documents purporting to indicate the various ownership interests of the cotenants. The result, Xxxxxxx argued, was that he had a 6769/10976 interest. Finally, Xxxxxxx also requested that the Property be sold at a partition auction pursuant to Chapter 668 of the Hawaiʻi Revised Statutes (HRS). Xxxxxxx opposed Xxxxxxx’x summary judgment motion, arguing that she owned 10,000 square feet of Parcel 33 and that Peni was an indispensable party to the action. Xxxxxxx also asserted that she and Peni had been in exclusive possession of the 10,000-square-foot parcel for 20 years, “paid for and openly built a two-story house in full view of everyone,” “raised their children” there, obtained permits to build on it, paid taxes, “utilities, water and electric bills,” entered “into an easement agreement” concerning the 10,000-square-foot parcel, “built a fruit stand,” and operated a farm on the 10,000-square-foot parcel from 1991 onwards.2 2 In support of her adverse possession defense, Xxxxxxx attached the following documents: the quitclaim deed that she and Xxxx received for the 10,000-square-foot parcel; copies of check payments that Peni remitted to Xxxxx X. Xxx, the Teisinas’ predecessor-in-interest; a history of payments
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Related to Circuit Court Proceedings

  • Court Proceedings Subject to the terms of this Agreement, First Majestic will cooperate with and assist Silvermex in seeking the Interim Order and the Final Order, including by providing Silvermex on a timely basis any information reasonably required to be supplied by First Majestic in connection therewith. Silvermex will provide legal counsel to First Majestic with reasonable opportunity to review and comment upon drafts of all material to be filed with the Court in connection with the Arrangement, and will give reasonable consideration to all such comments. Subject to applicable Law, Silvermex will not file any material with the Court in connection with the Arrangement or serve any such material, and will not agree to modify or amend materials so filed or served, except as contemplated by this Section 2.6 or with First Majestic’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed; provided, however, that nothing herein shall require First Majestic to agree or consent to any increase in consideration or other modification or amendment to such filed or served materials that expands or increases First Majestic’s obligations set forth in any such filed or served materials or under this Agreement or the Arrangement. Silvermex shall also provide to First Majestic’s legal counsel on a timely basis copies of any notice of appearance or other Court documents served on Silvermex in respect of the application for the Interim Order or the Final Order or any appeal therefrom and of any notice, whether written or oral, received by Silvermex indicating any intention to oppose the granting of the Interim Order or the Final Order or to appeal the Interim Order or the Final Order. Silvermex will ensure that all materials filed with the Court in connection with the Arrangement are consistent in all material respects with the terms of this Agreement and the Plan of Arrangement. In addition, Silvermex will not object to legal counsel to First Majestic making such submissions on the hearing of the motion for the Interim Order and the application for the Final Order as such counsel considers appropriate; provided, however, that Silvermex is advised of the nature of any submissions prior to the hearing and such submissions are consistent with this Agreement and the Plan of Arrangement. Silvermex will also oppose any proposal from any party that the Final Order contain any provision inconsistent with this Agreement, and, if at any time after the issuance of the Final Order and prior to the Effective Date, Silvermex is required by the terms of the Final Order or by Law to return to Court with respect to the Final Order, it shall do so after notice to, and in consultation and cooperation with, First Majestic.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Dismissal of the Proceedings (1) Upon the Effective Date, the Ontario Action shall be dismissed with prejudice and without costs as against the Settling Defendants.

  • Alternative Arbitration Proceedings Alternatively, the Parties may refer the matter to the Nairobi Centre for International Arbitration (NCIA) which offers a neutral venue for the conduct of national and international arbitration with commitment to providing institutional support to the arbitral process.

  • Competent Court The Court of Milan shall have jurisdiction over any dispute arising out of this offer to purchase.

  • Court Cases Any employee who is duly subpoenaed as a witness in any case in court shall be entitled to leave with pay for that purpose provided that the employee is not a party in the case, and provided that the case is not the result of litigation undertaken by the employee or the Union against the District. In cases where the Board is a party in the litigation, the employee shall be entitled to pay while attending as a witness at the request of the Board or as a co-defendant in the case.

  • LITIGATION OR ADMINISTRATIVE PROCEEDINGS BA shall notify CE within forty-eight (48) hours of any litigation or administrative proceedings commenced against BA or its agents or subcontractors. In addition, BA shall make itself, and any subcontractors, employees and agents assisting BA in the performance of its obligations under the Contract or Addendum, available to CE, at no cost to CE, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings being commenced against CE, its supervisors, directors, officers, managers or employees based upon a claimed violation of HIPAA, the HITECH Act, the HIPAA regulations, or other state or federal laws relating to security and privacy, except where the BA or its subcontractors, employees or agents are a named adverse parties.

  • Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure that in its administrative proceedings applying measures referred to in Article 73 to particular persons or goods of the other Party in specific cases that:

  • MAGISTRATE’S COURT JURISDICTION The Parties hereto consent to the jurisdiction of the Magistrates' Court in terms of Section 45 read with Section 28 of the Magistrates’ Court Act of 1944 as amended. Notwithstanding the aforementioned, this shall not preclude either Party from approaching the High Court of South Africa for any relief sought. This Agreement shall further be governed in terms of the law of the Republic of South Africa.

  • Transparency of Arbitral Proceedings 1. Subject to paragraphs 2 and 3, the disputing Member State may make publicly available all awards, and decisions produced by the tribunal.

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