8 Haw. App. 461 - Gardner v. Gardner’s Empirical Analysis

Citation profile

32 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[Hawaii Revised Statutes (HRS)] § 580-47 (2006 Repl.) provides ... in relevant part, as follows: Support orders; division of property. (a) Upon granting a divorce, or thereafter if, in addition to the powers granted in subsections (e) and (d), jurisdiction of those matters is reserved under the decree by agreement of both parties or by order of court after finding that good cause exists, the court may make any further orders as shall appear just and equitable (1) compelling the parties or either of them to provide for the support, maintenance, and education of the children of the parties; (2) compelling either party to provide for the support and maintenance of the other party; (3) finally dividing and distributing the estate of the parties, real, personal, or mixed, whether community, joint, or separate; and (4) allocating, as between the parties, the responsibility for the payment of the debts of the parties whether community, joint, or separate, and the attorney’s fees, costs, and expenses incurred by each party by reason of the divorce. In making these further orders, the court shall take into consideration: the respective merits of the parties, the relative abilities of the parties, the condition in which each party will be left by the divorce, the burdens imposed upon either party for the benefit of the children of the parties, and all other circumstances of the case. [[Image here]] The Hawaii Supreme Court has stated that the foregoing statute confers “wide discretion ”

   6 later decisions quote this exact passage
   e.g. Tougas v. Tougas · Helbush v. Helbush

2. “Category 1. The [NMV], plus or minus, of all property separately owned by one spouse on the [DOM] but excluding the [NMV] attributable to property that is subsequently legally gifted by the owner to the other spouse, to both spouses, or to a third party.”

   6 later decisions quote this exact passage
   e.g. Tougas v. Tougas · 9 Haw. App. 279 - Gussin v. Gussin

3. “At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against him [or her] for the money or property to the effect specified in his [or her] offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amounj: or extent of liability.”

   1 later decision quote this exact passage
   e.g. Criss v. Kunisada