NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER ORDER DENYING MOTION FOR RECONSIDERATION Upon review of Defendant-Appellant Daniel S. Nakano's timely April 27, 2013 motion for reconsideration of the April 26, 2013 summary disposition order of the court, it appears that Nakano argues, relying on State v. Grindles , 70 Haw. 528, 77 P.2d 1187 (1989), a due process violation in permitting the State to prosecute the Operating a Vehicle Under the Influence of an Intoxicant (...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Plaintiff-Appellant Akaku: Maui Community Television (Akaku) appeals from a December 9, 2009 Final Judgment (Judgment) entered by the Circuit Court of the Second Circuit (Circuit Court) in favor of Defendants-Appellees Keali`i S. Lopez, the Director of the Hawai`i Department of Commerce and Consumer Affairs (Director), Aaron Fujioka, the Administrator of the State Procurement Office (SPO), and the...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Plaintiffs-Appellants Connie and Pete Mu oz (collectively the Mu ozes) appeal from the July 28, 2009 Amended Final Judgment in favor of Defendants-Appellees Yoshimi Hata, Sanae Hata, Sanae Hata Trust, June Thomas, and Paul Thomas (collectively the Defendants) entered by the Circuit Court of the Second Circuit (Circuit Court). 1 BACKGROUND This appeal stems from the termination of a lease and eviction of...
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER SUMMARY DISPOSITION ORDER 1 Defendant-Appellant Daniel S. Nakano (Nakano) appeals from the January 23, 2012 Judgment entered by the District Court of the First Circuit, Honolulu Division (District Court). 2 Nakano was charged with Operating a Vehicle Under the Influence of an Intoxicant (OVUII), in violation of Hawaii Revised Statutes (HRS) 291E-61(a)(1) and/or (a) (3) (2007) arising from an incident occurring on June...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION In this consolidated appeal, Defendants/Counterclaim Plaintiffs-Appellants Exclusive Resorts PBL1, LLC and Exclusive Resorts PBL3, LLC (collectively, ER Defendants) challenge two orders entered by the Circuit Court of the Third Circuit 1 (circuit court): (1) the October 1, 2009 "Findings of Fact, Conclusions of Law and Order Granting Plaintiffs' Motion To Enforce Settlement Agreement" (First Enforcement...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Plaintiffs-Appellants Roaring Lion, LLC, David Cowan, Nathalie Cowan, Umang P. Gupta, Ruth M. Gupta, and Pauoa Beach 8 LLC (Plaintiffs) appeal from the December 5, 2011 Amended Final Judgment and related orders entered in the Circuit Court of the Third Circuit 1 (circuit court). The circuit court entered judgment in favor of Defendants-Appellees Exclusive Resorts PBL1, LLC (ER1) and Exclusive Resorts PBL3,...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION DANIEL R. FOLEY, Presiding Judge. Defendants/Appellants/Cross-Appellees Neil Abercrombie, Governor, State of Hawai`i, in his official capacity, and the State of Hawai`i (collectively, State) appeal from the following orders and judgments entered in the Circuit Court of the First Circuit 1 (circuit court): (1) the March 15, 2011 "Order Denying State Defendants' Motion for Judgment on the Pleadings, Filed...
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION In this secondary administrative appeal, Appellant-Appellant Margaret Wille (Wille) appeals from the March 14, 2012 "Findings of Fact and Conclusions of Law; Order Dismissing Appellant Margaret Wille's Appeal" and the April 19, 2012 "Final Judgment," both entered in the Circuit Court of the Third Circuit 1 (circuit court) in favor of Appellees-Appellees Board of Land and Natural Resources (BLNR), the...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER AMENDED MEMORANDUM OPINION Defendant-Appellant/Cross-Appellee State of Hawai`i (State) appeals from the Final Judgment entered on November 17, 2009 (Judgment), by the Circuit Court of the First Circuit (Circuit Court), 1 in favor of Plaintiff-Appellee/Cross-Appellant Robert D. Johnson, Jr. (Plaintiff), 2 as co-guardian of Michael A. Johnson (Michael), and against the State and Defendant-Appellee Jason J. Mossholder-Brom (...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Intervenor/Plaintiff-Appellant Huntington National Bank (Huntington) appeals from the: (1) November 17, 2011 "Order Granting Defendants The Essential Planning Group, Inc., Hal Martin, Steve Buss and Margaret Bowen's Motion to Dismiss Comerica Bank & Trust, N.A.'s Intervenor Complaint Treated as a Motion for Summary Judgment Under Rule 56"; (2) January 24, 2012 "Rule 54(b) Final Judgment for Defendants The...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Plaintiff-Appellant Kurt Butler (Butler), pro se, appeals from the April 13, 2012 "Amended Final Judgment" entered in the Circuit Court of the Second Circuit 1 (circuit court) in favor of Defendant-Appellee MDDR Health Solutions, Inc. (MDDR). I. BACKGROUND On August 28, 2009, Butler filed a complaint in the circuit court against defendants MDDR, Clinton Myers (Myers), Jason Keefner (Keefner), and Alpha...
OPINION OF THE COURT BY FOLEY , J. Union-Appellant Hawai`i State Teachers Association (HSTA) appeals from the March 2, 2012 "Order Denying HSTA's Motion to Compel Arbitration Filed August 3, 2011" and the March 28, 2012 "Final Judgment" entered in the Circuit Court of the First Circuit 1 (circuit court) in favor of Employer-Appellee University Laboratory School, Education Laboratory Public Charter School Local School Board (collectively, ULS). I. BACKGROUND HSTA is the bargaining...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION In this insurance coverage dispute arising from a construction-defect lawsuit, Plaintiffs-Appellants/Cross-Appellees/Cross-Appellees Group Builders, Inc. (Group Builders) and Tradewind Insurance Company, Ltd. (Tradewind) (collectively, Plaintiffs) appeal from the Partial Final Judgment entered on March 20, 2009, by the Circuit Court for the First Circuit 1 (circuit court). Defendant-Appellee/Cross-...
NOT FOR PUBLICATION IN WEST`S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION This secondary appeal from a decision entered by the State of Hawai`i Department of Commerce and Consumer Affairs (DCCA) arises out of a dispute over the proper interpretation of condominium bylaws raised by Petitioners-Appellants Tommy Wai Hung Ma and Sindy Yee Ma (collectively, the Mas) against their condominium association, Association of Apartment Owners of Queen Emma Gardens (Association), and the...
Opinion of the Court by NAKAMURA, C.J. In these consolidated appeals, 1 the District Court of the First Circuit (District Court) dismissed the charges against Defendant-Appellant Dennis Hern (Hern) and Defendant-Appellant Joseph B.A. Ledbetter (Ledbetter) (collectively, "Defendants") without prejudice for violation of the speedy trial requirements set forth in Hawai`i Rules of Penal Procedure (HRPP) Rule 48 (2000). 2 HRPP Rule 48(b) provides that "the court shall, on motion of the defendant,...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Plaintiff-Appellant Emerson M.F. Jou, M.D. (Jou) appeals from "Defendant K. Kenneth Siu's Second Judgment Against Plaintiff Emerson M.F. Jou, M.D.," entered on February 3, 2012 in the Circuit Court of the First Circuit 1 (circuit court) in favor of Defendant-Appellee K. Kenneth Siu (Siu). I. BACKGROUND On November 25, 2009, Jou filed a complaint (Complaint) against Siu, alleging Siu had made false...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION Plaintiffs-Counterclaim Defendants/Appellants Dennis K. Kanahele, et al. (Plaintiffs) appeal from the November 30, 2011 Judgment entered in the Circuit Court of the Third Circuit 1 (circuit court). Judgment granted summary judgment in favor of Defendants/Appellees Bill and Suzanne Brodbeck (Brodbecks) and Defendant-Intervenor Counterclaimant/Appellee Myra Mitchell Trust (collectively, Defendants) as to...
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER SUMMARY DISPOSITION ORDER Petitioner-Appellant Arthur Birano (Birano) appeals from the Order Denying Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody, filed on April 21, 2010, in the Circuit Court of the First Circuit (Circuit Court). 1 On September 9, 2009, Birano filed a second Petition to Vacate, Set Aside, or Correct Judgment or to Release Petitioner from Custody (Second Petition)....
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION The Director of the Department of Labor and Industrial Relations (Director) assessed attorney's fees against Employer-Appellee Atlas Recycling Centers, LLC (Atlas) and Insurance Carrier-Appellee Hawaii Employers' Mutual Insurance Company Inc. (collectively, "Employer") and in favor of Claimant-Appellant Reginald G. Botelho (Botelho), pursuant to Hawaii Revised Statutes (HRS) 386-93(a) (1993). The Labor and...
NOT FOR PUBLICATION IN WEST'S HAWAI`I REPORTS AND PACIFIC REPORTER MEMORANDUM OPINION From 1961 to June 30, 2003, the Hawaii Public Employees Health Fund (Health Fund) provided health benefit plans, including, inter alia, health and group life insurance, to public employees. See Hawaii Revised Statutes (HRS) Chapter 87 (repealed). 1 Beginning at various times, under the Health Fund's "porting" program, State and county employees could elect to enroll in insurance plans provided through...
