Petitioners/plaintiffs-appellants Carol A. Brown, M.D., and Carol A. Brown, M.D., Inc.'s application for writ of certiorari, filed on October 24, 2008, is hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ... ... ---------------...  

On June 26, 2008, this court accepted a timely application for a writ of certiorari, filed by petitioners/ interested persons-appellees Dang Van Tran (Dang) and Sang Tran (Sang) [hereinafter, collectively, the Trans] on May 27, 2008, requesting this court review the Intermediate Court of Appeals' (ICA) March 17, 2008 judgment on appeal, entered pursuant to its published opinion in Carlisle v. One Boat, No. 26995 (Haw. Ct. App. Feb. 27, 2008). Therein, the ICA vacated the Circuit Court of the...  

Petitioner/plaintiff-appellee John Doe's application for writ of certiorari, filed October 14, 2008, is hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Levinson, Nakayama, and Acoba, JJ.; and Circuit Judge Hifo, in place of Duffy, J., recused... ... ---------------...  

Plaintiffs-Appellants Seiji Tsutsumi, Yuji Tsutsumi, Tadashi Kojima, and Nanae Mitsumoto (collectively, Plaintiffs) appeal from the February 21, 2006 Final Judgment of the Circuit Court of the First Circuit (circuit court)1 in favor of Defendants-Appellees Hawaii Prince Hotel Waikiki Corp., Hapuna Beach Prince Hotel Corp., Mauna Kea Beach Hotel Corp., Makena Golf Corp., Mauna Kea Development Corp., Prince Resorts Hawaii, Inc., Makena Kai Corp., Maui Prince Hotel LLC, Aina Kamalii Corporation...  

Defendant-Appellant Randy Keola Kiaaina (Kiaaina) appeals the Judgment, filed on December 28, 2007, in the District Court of the First Circuit, Kaneohe Division (District Court).1... On December 28, 2007, Kiaaina was convicted of Excessive Speeding, in violation of Hawaii Revised Statutes (HRS) § 291C-105(a)(1) (Supp. 2007). On appeal, Kiaaina contends: (1) the District Court plainly erred by allowing Officer Marc Randall (Officer Randall) to testify as to the accuracy of his vehicle's...  

In this workers' compensation case, Claimant-Appellant Darrell N. Kapuwai (Kapuwai) sustained a work-related injury to his right great toe, a body part covered by the schedule of awards for permanent partial disability (PPD) set forth in Hawaii Revised Statutes (HRS) § 386-32(a) (Supp. 2007). The injury affected Kapuwai's ability to walk and interfered with his daily living activities. The Labor and Industrial Relations Appeals Board (LIRAB) awarded PPD benefits to Kapuwai based on the...  

Defendant-Appellant Ryan L. Cambra (Cambra) appeals the Judgment for Citation/Report No. 1DTC-06-006862, and Judgment for Citation/Report No. 1DTI-06-007887, filed on November 6, 2007, in the District Court of the First Circuit, Honolulu Division (district court).1... On November 6, 2007, the district court entered judgment in favor of the State of Hawaii for Cambra's violation of Hawaii Revised Statutes (HRS) § 291C-101 (2007) and found Cambra guilty of the offense of Reckless Driving, a...  

Upon review of the record, it appears that: (1) Petitioner-Appellant Dondi Kaiu (Appellant) filed a notice of appeal on May 13, 2008; (2) on July 14, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on July 24, 2008 and the opening brief was due on August 23, 2008; (3) Appellant filed the jurisdictional statement on July 24, 2008; (4) on August 21, 2008, Appellant obtained an extension of time to file the opening...  

Upon review of the record, it appears that: (1) Defendant-Appellant Louise Hanapi (Appellant) filed a notice of appeal on June 10, 2008; (2) on August 11, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on August 21, 2008 and the opening brief was due on September 20, 2008; (3) Appellant did not file the jurisdictional statement or opening brief; (4) on October 10, 2008, the appellate clerk informed Appellant: (a)...  

Upon review of the record, it appears that: (1) Plaintiff-Appellant Lani Stark (Appellant) filed a notice of appeal on June 27, 2008; (2) on August 26, 2008, the appellate clerk filed a notice of entering case on calendar and notified Appellant the jurisdictional statement was due on September 5, 2008 and the opening brief was due on October 5, 2008; (3) Appellant did not file the jurisdictional statement or opening brief; (4) on October 16, 2008, the appellate clerk informed Appellant: (a) the...  

Upon review of the record, it appears that we lack jurisdiction over Real Party in Interest/Appellant Exodus Bail Bond's (Appellant Exodus Bail Bond) appeal from the Honorable Dexter D. Del Rosario's January 25, 2008 "Findings of Fact, Conclusions of Law, and Order Denying Amended Motion to Set-Aside Bail Forfeiture" (the January 25, 2008 order), because Appellant Exodus Bail Bond's appeal is untimely under Rule 4(a)(3) of the Hawai`i Rules of Appellate Procedure (HRAP)... "The...  

Upon consideration of Richard Blaisdell's papers dated October 25, 2008, which are deemed a petition for a writ of habeas corpus, it appears that habeas corpus relief is available to petitioner in the circuit court and petitioner presents no special reason for invoking the supreme court's original jurisdiction. See Oili v. Chang, 57 Haw. 511, 512, 557 P.2d 787, 788 (1976). Therefore,... IT IS HEREBY ORDERED that the clerk of the appellate court shall file the petition for a writ of habeas...  

Upon consideration of Zachary Chincio's papers dated October 19, 2008, which are deemed a petition for a writ of mandamus, it appears that petitioner can seek relief from his conviction in Cr. No. 00-1-2483 by filing a petition for post-conviction relief in the circuit court pursuant to Hawai`i Rules of Penal Procedure Rule 40. Therefore, petitioner is not entitled to mandamus relief. See Kema v. Gaddis, 91 Hawai`i 200, 204, 982 P.2d 334, 338 (1999) (A writ of mandamus is an extraordinary...  

The Application for Writ of Certiorari filed on October 28, 2008 by Petitioner/Defendant-Appellant Adrian Lucero is hereby rejected... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ... ... ---------------...  

IT IS HEREBY ORDERED that the Summary Disposition Order filed on November 6, 2008 is corrected on at footnote no. 1. "Pendelton" is replaced with "Pendleton"... The Clerk of the Court is directed to incorporate the foregoing changes in the original Summary Disposition Order and take all necessary steps to notify the publishing agencies of this change... ---------------... Notes:... ... 1. Recktenwald, C.J., Fujise and Leonard, JJ... ... ---------------...  

Plaintiff-Appellant Barbara Suzuki (Suzuki) is an African-American woman who was employed by Defendant-Appellee State of Hawai`i (the State) as an Adult Correctional Officer (ACO) in the Department of Public Safety (DPS). Suzuki was 65 years old and working at the Oahu Community Correctional Center (OCCC) in the position of an ACO IV. The State barred Suzuki from working after a fitness-for-duty physical examination revealed that Suzuki could not meet the physical requirements of an ACO IV....  

Upon consideration of the motion to withdraw application for writ of certiorari filed on October 30, 2008 by the plaintiff-appellee-petitioner Todd T. Tasaki, D.D.S., M.S., Inc., the motion is hereby granted... ---------------... Notes:... ... 1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ... ... ---------------...  

Upon consideration of the supplemental request for fees and expenses submitted by appellant's counsel, Shawn A. Luiz, pursuant to HRS § 802-5 (Supp. 2007), and the attachments thereto, and having carefully reviewed the record, it appears that expenses in the amount of $31.50 are necessary and reasonable, and that supplemental fees in the amount of $90.00, as opposed to the amount requested, are reasonable. Therefore,... IT IS HEREBY ORDERED that expenses in the amount of $31.50 and...  

Claimant-Appellant Ramona M.U. Smith (Smith) appeals the Order of Dismissal (Order of Dismissal) issued by the Hawai`i Labor and Industrial Relations Appeals Board (LIRAB) on July 3, 2007.1... On appeal, Smith contends that the LIRAB: (1) erred when it rescinded its Decision and Order, issued on January 13, 1999, and reopened the case; (2) erred when it denied Smith's motion for summary judgment; and (3) violated Smith's due process rights when it sanctioned Smith by dismissing her appeal...  

Upon consideration of the petition for a writ of prohibition — styled an "application for a writ of mandamus" — filed by petitioner Duke W. Holt and the papers in support, it appears that the matter of the court-ordered polygraph examination for purposes of the presentence investigation and report will be reviewable on appeal of the sentence imposed in the pending sentencing proceeding in Cr. No. 06-1-0017. Petitioner can appeal the sentence pursuant to HRS § 641-11...