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French v. Hawaii Pizza Hut

9/30/2004

den of proof.


Hall v. State, 7 Haw. App. 274, 284, 756 P.2d 1048, 1055 (App. 1988) (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 322-323, 106 S.Ct. 2548, 2552-2553 (1986)); see also 10A Wright, Miller & Kane, Federal Practice & Procedure: Civil 3d ยง 2727, at 474 (1998) (" t is not necessary for the movant to introduce any evidence in order to prevail on summary judgment" if, "in cases in which the nonmoving party will bear the burden of proof at trial, the movant can . . . establish that the opposing party has insufficient evidence to prevail as a matter of law[.]").


Because Appellant admits that she lacks the comparative evidence necessary to prove an essential element of her case, the circuit court did not err in granting Appellee's motion for summary judgment.






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