Association of Apartment Owners of the Cliffs of Princeville v. Premier Resorts International, Inc. (Order Denying Motion for Reconsideration)

NO. 27558

IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

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ASSOCIATION OF APARTMENT OWNERS OF THE CLIFFS AT PRINCEVILLE,
Applicant-Appellee,

vs

PREMIER RESORTS INTERNATIONAL, INC., dba VILLAGE RESORTS,
Respondent-Appellant.

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APPEAL FROM THE FIFTH CIRCUIT COURT

(S.P. NO. 04-1-0003)

ORDER DENYING MOTION FOR RECONSIDERATION

(By: Moon, C.J., Levinson, Nakayama, and Duffy, JJ.,

and Acoba, J., dissenting

Upon consideration of Respondent-Appellant Premier Resorts International, Inc., dba Village Resorts' motion for reconsideration of the summary disposition order filed on September 29, 2008, and the record herein,

IT IS HEREBY ORDERED that the motion is denied.

DATED: Honolulu, Hawai‘i, October 14, 2008.

DISSENT BY ACOBA, J.

I respectfully disagree and would grant the motion for reconsideration.

Philip J. Leas and
Calvert G. Chipchase of
Cades Schutte LLP for
Respondent-Appellant
Premier Resorts International
on the motion