NO. 25609



IN THE SUPREME COURT OF THE STATE OF HAWAI`I




MOORE & MOORE, a California Trust, under Trust Agreement of
January 7, 1997,
Plaintiff/Counterclaim Defendant-Appellant-Petitioner,


vs.


KEPUHI POINT REEF, LLC, a Hawaii Limited Liability Company;
JOSEPH A. BRESCIA, individually and in his capacity as the Member
Manager of Kepuhi Point Reef, LLC; STEVEN MOODY; JOHN DOES 1-10;
JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE
"NON-PROFIT" CORPORATIONS 1-10; and DOE ENTITIES 1-10,
Defendants/Counterclaim Plaintiffs-Appellees-Respondents.



CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CIV. NO. 02-1-0137)



AMENDED ORDER DENYING APPLICATION FOR WRIT OF CERTIORARI
(By: Levinson, J., for the court (1))

Upon consideration of the application for a writ of certiorari filed on October 8, 2004, by the plaintiff/counterclaim defendant-appellant-petitioner Moore & Moore, a California Trust, under Trust Agreement of January 7, 1997, the same is hereby denied.

DATED: Honolulu, Hawai`i, October 20, 2004.


Theodore Y.H. Chinn,
for plaintiff/counterclaim
defendant-appellant-petitioner
Moore & Moore,
on the application



1. Considered by: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.