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