IT IS HEREBY ORDERED that the opinion of the court, filed on September 11, 2008, is amended as follows:
Page 1, second line from the bottom: The reference to "(Dissent by Foley, J.)" is deleted and replaced with "(Nakamura, J., dissenting)."
The Clerk of the Court is directed to incorporate the foregoing change in the original opinion and take all necessary steps to notify the publishing agencies of the aforementioned change.
DATED: Honolulu, Hawai‘i, September 17, 2008.
1. Court: Moon, C.J., Levinson,
and Duffy, JJ.; Nakayama and Acoba, JJ., concurred separately in the
opinion of the
court.