NOT FOR PUBLICATION


NO. 24892


IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I




HAWAII ENVIRONMENTAL HOLDINGS, Plaintiff-Appellant, v.
CHARLES K. SOUZA and ALBERTA SOUZA, Defendants-Appellees





APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
(Civ. No. 1RC01-5245)





SUMMARY DISPOSITION ORDER
(By: Burns, C.J., Watanabe, and Lim, JJ.)

Plaintiff-Appellant Hawaii Environmental Holdings (HEH) appeals from the December 7, 2001 "Order Granting Defendants' Motion for Reconsideration of Motion to Dismiss Complaint Filed August 7, 2001 with Prejudice and for an Award of Attorney's Fees and Costs" (the Order), entered by the District Court of the First Circuit, Judge David Lo presiding. The Order dismissed with prejudice HEH's assumpsit action against Defendants-Appellees Charles K. Souza and Alberta Souza for the balance due under a Solar Partnership Agreement and a Solar Energy Purchase Agreement.

In accordance with Hawai`i Rules of Appellate Procedure Rule 35, and after carefully reviewing the record and the briefs submitted by the parties, and duly considering and analyzing the law relevant to the arguments and issues raised by the parties,

IT IS HEREBY ORDERED that the Order from which this appeal is taken is affirmed.

DATED: Honolulu, Hawai`i, June 10, 2004.


On the briefs:

Robert E. Chapman and
Peter V. Lee (Stanton Clay
Chapman Crumpton & Iwamura)
for plaintiff-appellant.

Christopher R. Evans for
defendants-appellees.