NO. 26369
NOT FOR
PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
IN
THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI‘I
The Summary Disposition Order of the court, filed on September 27, 2007, is hereby corrected as follows:
1. In the majority decision at page 1, first line of paragraph 2, the word "the" should be inserted between the words "that" and "LIRAB" so that the phrase is corrected to read as follows: ". . . Capua argues that the LIRAB erred . . . "
2. In the majority decision at page 3, third line from the end of the first full paragraph, the reference to "(citations omitted)" that appears after the citation to Treloar v. Swinerton & Walberg Co., 65 Haw. 415, 424, 653 P.2d 420, 426 (1982), should be deleted.
3. In the majority decision at page 4, last line of section III, the year "1993" should be corrected to "2003," so that the last line is corrected and read as follows: "and Order filed on December 30, 2003."
The clerk of the court is directed to incorporate the foregoing changes in the original opinion and take all necessary steps to notify the publishing agencies of these changes.DATED: Honolulu, Hawai‘i, October 25, 2007.
1.
Foley, Presiding Judge, filed a dissent to the Summary Disposition
Order.