Yee Hop Realty, Ltd. v. Moi (Order of Amendment)

NOT FOR PUBLICATION

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NO. 25796

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI`I

YEE HOP REALTY, LTD., a Hawai`i corporation, Plaintiff-Appellee,
v. LEE LAU SAM MOI aka LAU SAM MOI LEE, and HERMAN B.K. LEE,
Defendants-Appellants, and TING YIN CHOP SUEY, INC., Defendant

APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL NO. 1RC02-1-6462)

ORDER OF AMENDMENT
(By: Lim, Acting C.J., Foley and Fujise, JJ.)

IT IS HEREBY ORDERED that the Summary Disposition Order of the court filed on September 22, 2005, is amended as follows:

The following will be inserted in place of the last paragraph on page two:

3. The district court erred in denying Sam Moi's request for costs and attorneys' fees under HRS § 607-9 (1993) and HRS § 607-14 (Supp. 2004). As this suit was dismissed as to Sam Moi, she was the "prevailing party" and thus was entitled to reasonable attorneys' fees and costs. Blair v. Ing, 96 Hawai`i 327, 31 P.3d 184 (2001).

The first full paragraph on page three will be amended by inserting the following underscored material:

IT IS HEREBY ORDERED that the March 18, 2003 judgment is affirmed. However, the March 18, 2003 order denying attorneys' fees and costs to Sam Moi is vacated and the case is remanded for a determination of the amount of reasonable attorneys fees and costs to be awarded to Sam Moi.

The Clerk of the Court is directed to incorporate the foregoing changes in the original Summary Disposition Order.

DATED: Honolulu, Hawai`i, October 13, 2005.