Hill v. Inouye (Order of Amendment)

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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FRANCES L. HILL, Plaintiff-Appellant, v. KERRY K. INOUYE, Defendant-Appellee

NO. 21253

MOTION FOR RECONSIDERATION

AND ORDER OF AMENDMENT

(FC-DA NO. 97-1639)

JANUARY 13, 1999

MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.

The Defendant-Appellee's motion for reconsideration filed December 21, 1998 is granted. The opinion of the court, filed December 14, 1998, is amended as follows (new material is underlined):

1. Page 2, second paragraph should read:

"Because the family court incorrectly interpreted HRS § 586-3 (Supp. 1997), the applicable statute in this case, and because the family court required Hill to show recent acts of abuse, we vacate the family court's order and remand the matter for a new hearing in accordance with HRS § 586-3 (Supp. 1997) and in accordance with this opinion."

2. Page 16, second paragraph, last sentence should read:

" . . . or that extreme psychological abuse or malicious property damage is imminent."

3. Page 17, second paragraph should read:

"We vacate the family court's order dissolving the TRO for protection and denying Hill's motion for a protective order. We remand the matter for a new hearing before the family court in accordance with HRS § 586-3 (Supp. 1997) and in accordance with this opinion."

The Clerk of the Court is directed to incorporate the foregoing amendments into the original opinion and take all necessary steps to notify the publishing agencies of these amendments.

Keith S. Agena, Michael K.

Tanigawa and Howard K. K.

Luke for defendant-appellee