IN THE SUPREME COURT OF THE STATE OF HAWAI`I
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TSA INTERNATIONAL LIMITED, a Hawai`i corporation, TSA WAILEA BEACH PALACE, INC., a Hawai`i corporation, TSWB, INC., a Hawai`i corporation, TSA AMERICA INVESTMENTS, INC., a Delaware corporation, TSA HOLDING COMPANY, LTD., a Hawai`i corporation, TSA WAIKAPU, INC., a Hawai`i corporation, Plaintiffs-Appellants, v. SHIMIZU CORPORATION, a Japan corporation, S.C. PROPERTIES (HAWAII), INC., a Hawai`i corporation, SC WAILEA ALANUI, INC., a Hawai`i corporation, SCP (MAUI 1), INC., a Hawai`i corporation, SCP (MAUI 2), INC., a Hawai`i corporation, SCP (MAUI 5), INC., a Hawai`i corporation, THE FUKUOKA CITY BANK, LTD., a Japan corporation, FUKUOKA JISHO CO., LTD., a Japan corporation, H.F.J. MAUKA, INC., a Hawai`i corporation, QUARTERS, INC., MAUI DEVELOPMENT CO., LTD., K.L. AMERICA, INC., S.C.-U.S., INC., SHIMIZU INTERNATIONAL FINANCE (U.S.A.), INC., Defendants-Appellees, and WGR, INC., a Hawai`i corporation, DOES 6 THROUGH 50, inclusive, Defendants
NO. 21431
and
TSA INTERNATIONAL LIMITED, a Hawai`i corporation, TSA WAILEA BEACH PALACE, INC., a Hawai`i corporation, TSWB, INC., a Hawai`i corporation, TSA AMERICA INVESTMENTS, INC., a Delaware corporation, TSA HOLDING COMPANY, LTD., a Hawai`i corporation, TSA WAIKAPU, INC., a Hawai`i corporation, Plaintiffs-Appellants, v. SHIMIZU CORPORATION, a Japan corporation, S.C. PROPERTIES (HAWAII), INC., a Hawai`i corporation, SC WAILEA ALANUI, INC., a Hawai`i corporation, SCP (MAUI 1), INC., a Hawai`i corporation, SCP (MAUI 2), INC., a Hawai`i corporation, SCP (MAUI 5), INC., a Hawai`i corporation, S.C.-U.S., INC., SHIMIZU INTERNATIONAL
FINANCE (U.S.A.), INC., Defendants-Appellees, and THE FUKUOKA CITY BANK, LTD., a Japan corporation, FUKUOKA JISHO CO., LTD., a Japan corporation, WGR, INC., a Hawai`i corporation, H.F.J. MAUKA, INC., a Hawai`i corporation, QUARTERS, INC., MAUI DEVELOPMENT CO., LTD., K.L. AMERICA, INC., DOES 6 THROUGH 50, inclusive, Defendants
NO. 21726
MOTIONS FOR PARTIAL RECONSIDERATION AND
ORDER OF AMENDMENT
(CIV. NO. 94-0768(3))
DECEMBER 13, 1999
MOON, C.J., KLEIN, LEVINSON, NAKAYAMA, AND RAMIL, JJ.
Upon careful consideration of the motion for partial reconsideration submitted by defendants-appellees Shimizu Corporation, et al. (Shimizu) filed on November 18, 1999, and the motion for partial reconsideration submitted by plaintiffs-appellants TSA International Limited, et al. (TSA) filed on December 2, 1999,
IT IS HEREBY ORDERED that the opinion of the court filed November 8, 1999, is amended as follows (bracketed/stricken portions of text are deleted; underlined portions are added):
1. Page 3, first paragraph, last sentence is amended to read:
For the reasons discussed below, we vacate the circuit court's judgment
with respect to the issue of Shimizu's attorneys' fees [and costs], but
affirm the circuit court's judgment in all other respects.
2. Page 48, first paragraph, last sentence is amended to read:
These considerations compel us to reverse the circuit court's award of fees
[and costs].
3. Page 48, first paragraph, the following footnote 10 is added to the end of the last sentence:
10 Although Shimizu did not include a discussion of HRCP Rule 54(d) in its answering brief, we affirm the circuit court's award of costs pursuant to HRCP Rule 54(d).
4. Page 55, footnote 10 shall be designated footnote 11.
5. Page 55, Part IV. CONCLUSION, first paragraph, first sentence is amended to read:
For the reasons discussed above, we reverse the circuit court's order
granting Shimizu's motion for taxation of attorneys' fees [and costs].
IT IS FURTHER ORDERED that the Clerk of the court shall incorporate the foregoing changes in the original opinion.
IT IS FURTHER ORDERED that Shimizu's motion for reconsideration filed on November 18, 1999 is denied in all other respects.
IT IS FINALLY ORDERED THAT TSA's motion for partial reconsideration filed on December 2, 1999 is denied.
On the motions:
Nadine Y. Ando
(William C. McCorriston,
Franklin K. Mukai, and
Daniel J. Kunkel with
her on the motion), of
McCorriston Miho Miller
Mukai, for plaintiffs- appellants
David J. Dezzani (Roy J. Tjioe,
Margaret Jenkins Leong and Mavis M. Masaki with him on the motion), of Goodsill Anderson Quinn & Stiffel,
for defendants-appellees