NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 28011
IN THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
BEECHER LIMITED,
Plaintiff-Appellant, v. ALVAREZ & MARSAL
NORTH
AMERICA, LLC, Liquidating Trustee of the Azabu
Liquidating
Trust Dated July 10, 2007; WAIKIKI FIRST
FINANCE
CORP.; WAIKIKI SF CORPORATION; AZABU U.S.A.
CORPORATION,
Defendants-Appellees; and THE CHUO MITSUI
TRUST AND
BANKING COMPANY, LIMITED; HYATT CORPORATION;
and
DEFENDANTS DOES 1 through 100, Defendants
APPEAL FROM THE CIRCUIT COURT
OF THE FIRST CIRCUIT
(Civ. No. 04-1-1347)
ORDER UPON RECONSIDERATION
OF
MEMORANDUM OPINION FILED ON
MARCH 7, 2008
(By: Watanabe,
Presiding J., and Foley, J.;
and Nakamura, J., dissenting)
Upon consideration
of our Memorandum Opinion filed on March 7, 2008 (Memorandum Opinion)
and after
considering (1) the motion filed by Plaintiff-Appellant Beecher Limited
(Beecher) on March 17, 2008
seeking reconsideration of our Memorandum Opinion (Motion to
Reconsider); (2) Beecher's memorandum of law
in support of the Motion to Reconsider, also filed on March 17, 2008;
(3) Beecher's errata to its
memorandum of law in support of the Motion to Reconsider filed on March
18, 2008; and (4) the memorandum
in opposition to Beecher's Motion to Reconsider, filed on March 28,
2008 by Defendant-Appellee Alvarez &
Marsal North America, LLC, Liquidating Trustee of the Azabu Liquidating
Trust Dated July 10, 2007,
WE HEREBY decline
to amend or vacate the Memorandum Opinion.
DATED: Honolulu,
Hawai‘i, April 25, 2008.
On the motion:
James T. Paul, Corey Y.S. Park,
Sheryl L. Nicholson, and Judy A.
Tanaka (Paul Johnson Park &
Niles) for defendants-appellees
Alvarez & Marsal North America,
LLC (formerly, Azabu Buildings
Co., Ltd.), and Azabu U.S.A.
Corporation.
James A. Wagner and Chuck C. Choi
(Wagner & Choi) for
defendant-appellee Alvarez &
Marsal North America, LLC (formerly,
Azabu Buildings Co., Ltd.).