***
NOT FOR PUBLICATION ***
NO. 24335
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
KRISTIAN
YAMASHIRO, Claimant-Appellant
vs.
DAI
TOKYO ROYAL INSURANCE CO., Respondent-Appellee
APPEAL FROM
THE THIRD CIRCUIT COURT
(S.P. 01-1-13)
SUMMARY DISPOSITION ORDER
(By: Moon,
C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Claimant-appellant Kristian Yamashiro appeals from the May 22, 2000
order of the circuit court of the third circuit, the
Honorable Greg K. Nakamura presiding, granting confirmation of an
arbitration award in favor of Yamashiro and denying
Yamashiro's request for attorney's fees, costs, and prejudgment and
post-judgment interest. Yamashiro's sole point on
appeal is that the circuit court erred by refusing to award attorney's
fees and costs pursuant to Hawai`i Revised Statutes
(HRS) § 431:10-242 (1993).
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 the circuit
court did not err by denying attorney's fees and costs,
inasmuch as HRS § 431:10-242 is inapplicable to proceedings
confirming an arbitration award. See Labrador v. Liberty
Mut. Group, 103 Hawai`i 206, 81 P.3d 386 (2003). 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:
Phillip L. Carey
of Ahmadia & Carey
for claimant-appellant
Wayne Sakamoto and
Leonard R. Gouveia, Jr.
for respondent-appellee