FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I



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WALDORF ROY WILSON, II, Plaintiff-Appellant

vs.

GEORGE FREITAS; WILLIAM CHING; ROY ASHER; MARVIN RIVERA;
SAMUEL SHELDON; COUNTY OF KAUAI; JOAN CONROW;
HONOLULU PUBLISHING CO., LTD.,
nka PACIFICBASIN COMMUNICATIONS, LLC dba HONOLULU MAGAZINE;
DENNIS WILKEN; KAUAI PUBLISHING CO. dba THE GARDEN ISLAND;
JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS,
CORPORATION, OR OTHER ENTITIES 1-50; DOE GOVERNMENTAL
ENTITIES 1-50, Defendants-Appellees



NOS. 27747 and 27856





APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 02-1-0142)



ORDER OF AMENDMENT
(By: Nakamura, J., for the court (1))

The Opinion of the court, filed on June 30, 2009, is hereby amended as follows:

    1.     On page 1, in the third line of the first paragraph, the phrase "stabbing of women" should be amended to read "stabbing of a woman".

    2.     On page 10, in the citation to Gold v. Harrison in the second line after the block quotation, the parenthetical phrase "(brackets in original)" should be amended to read "(brackets in original except for those surrounding the footnote)".

    3.     On page 13, in the sixth line from the top of the page, the name of the party in the citation is misspelled and should be changed from "Fernandez" to "Fernandes".

    4.     On page 14, fifth line from the top of the page, the semicolon after the word "light" should be deleted.

    5.     On page 15, in the first line of the page, the possessive apostrophe is misplaced and "Wilsons'" should be amended to read     "Wilson's".

    6.     On page 20, in the second line of the last paragraph, the word "the" should be inserted between "from" and "CAAP" so that as amended, the text reads: "from the CAAP . . . ."

    7.     On page 20, in the last line of text, the number "nine" should be changed to "eight" so that as amended the text reads: "eight months after . . . ."

    8.     On page 21, in the second to the last line of the first full paragraph, the comma after "CAAP" should be deleted so that as amended, the text reads: "from the CAAP and granted the . . . ."

    9.     On page 24, in the counsel acknowledgment section, the following amendments should be made:

            a)     in the acknowledgment for Margaret H. Sueoka, "Count" should be amended to read "County" in counsel's title;

            b)     after the firm name Holme Roberts & Owen, "LL" should be amended to read "LLP";

            c)     in the acknowledgment for the attorneys for Joan Conrow and Honolulu Publishing Co., Ltd., the party designation for Joan Conrow and Honolulu Publishing Co., Ltd. should be amended to read "Defendants-Appellees".

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, August 4, 2009.


1.      Considered by: Watanabe, Acting Chief Judge, Nakamura, and Fujise, JJ.