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JEN-PAC TRAVEL SERVICE, INC., Plaintiff-Appellee, v. FUNG LEE KWONG COMPANY, LTD., Defendant-Appellant

OPINION OF THE COURT BY PADGETT, J.

This is an appeal from a summary judgment entered below in a contract action. We reverse because the trial court did not have jurisdiction of the case.

The principal amount of the loan sued on was alleged to be $3,459.60. Counsel for the appellee concedes, and we hold, that since the principal amount was less than $5,000, the circuit court had no jurisdiction under HRS § 604-5(a). That section specifically provides that interest, attorney's fees and costs cannot be included in calculating the jurisdictional amount. Reversed and remanded with instructions to dismiss the case.

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JEN-PAC TRAVEL SERVICE, INC. v. FUNG LEE KWONG CO., LTD
(Jun 20, 1991)