***
NOT FOR PUBLICATION ***
NO. 23926
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
ROBERT REED and JENNIFER REED, Claimants-Appellants
vs.
ALLSTATE
INSURANCE COMPANY, Respondent-Appellee
APPEAL FROM THE FIRST CIRCUIT COURT
(S.P. NO.
00-1-0486)
SUMMARY DISPOSITION ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Claimants-appellants Robert Reed and Jennifer Reed [hereinafter,
collectively, "the Reeds"] appeal from the November 1, 2000 order of
the circuit court of the first circuit, the Honorable Eden E. Hifo
presiding, granting
confirmation of arbitration award in favor of the Reeds and denying the
Reeds' request for attorney's fees and costs. On
appeal, the Reeds argue that they are entitled to attorney's fees and
costs pursuant to Hawai`i Revised Statutes (HRS) §§
431:10-242 (1993), 607-14 (Supp. 1999), and 607-9 (1993). The Reeds
further argue that "[t]he arbitration clause in this
case requiring that claimants who are forced into arbitration pay their
own attorney's fees and costs is void as against
public policy."
Upon carefully
reviewing the record and the briefs submitted by the parties and having
given due consideration to the
arguments advanced and the issues raised, we hold that: (1) HRS
§§ 431:10-242 and 607-14 are inapplicable, see Labrador
v. Liberty Mut. Group, 103 Hawai`i 206, 81 P.3d 386 (2003); Hamada v. Westcott, 102
Hawai`i 210, 74 P.3d 33 (2003); (2)
the Reeds' failed to provide any discernable argument as to why HRS
§ 607-9 is applicable, see
Hawai`i Rules of Appellate
Procedure (HRAP) Rule 28(b)(7); and (3) because attorney's fees and
costs are not recoverable, this court need not address
whether the arbitration language is against public policy. Therefore,
IT IS HEREBY
ORDERED that the order from which the appeal is taken is affirmed.
DATED: Honolulu,
Hawai`i, July 26, 2004.
On the briefs:
Collin M. Fritz of
Trecker & Fritz for the
claimants-appellants
Robert and Jennifer Reed
Richard B. Miller
of Tom Petrus & Miller
for the respondent-appellee
Allstate
Insurance Company