Adkins v. Fischer

• Court: Hawaii Intermediate Court of Appeals
• Decided: March 16, 2023
• Docket: CAAP-18-0000409
• Status: Published

Opinion

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 16-MAR-2023 08:18 AM Dkt. 70 OCOR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

RICHARD K. ADKINS and BROWN EYED GIRL, LLC, an Illinois Limited Liability Company, Plaintiffs-Appellants, v. GARY R. FISCHER; SAMANTHA K. FISCHER; ANINI ALOHA PROPERTIES, INC., a Hawaii corporation, Defendants-Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; AND DOE ENTITIES 1-10, Defendants,

and

GARY R. FISCHER; SAMANTHA K. FISCHER; ANINI ALOHA PROPERTIES, INC., a Hawaii corporation, Third-Party Plaintiffs-Appellees, v. STEVEN NICKENS, CBIP, INC., dba COLDWELL BANKER ISLAND PROPERTIES, ANY J. MARVIN and HANALEI NORTH SHORE PROPERTIES, LTD., Third-Party Defendants-Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; AND DOE ENTITIES 1-10, Third-Party Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 13-1-0032)

ORDER OF CORRECTION (By: Wadsworth, J., for the court1/)

IT IS HEREBY ORDERED that the Opinion of the Court filed on October 20, 2022, is corrected as follows:

1/ Ginoza, C.J., and Leonard and Wadsworth, JJ. FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

On page 6, in the list of claims, claim numbered "(9)," please delete the word "Beach" and replace it with the word "Breach," so that the line reads:

(9) Breach of Contract, alleged against the Fischers;

On page 8, footnote 3, line 9, delete "4th ed." and replace with "3d ed. 2004" so that the line reads:

and Procedure: Civil § 1294 (3d ed. 2004) (construing analogous Federal Rules of

On page 15, line 8 of the first full paragraph, delete the single closing quotation mark after the word "another" so that the line reads:

doubtful in another." (quoting State v. Kamana #o, 118 Hawai#i

On page 15, line 9 of the first full paragraph, insert a third closing parenthesis before the period so that the line reads:

210, 218, 188 P.3d 724, 732 (2008))). HRS § 414-432 states, in

On page 17, line 10 from the top of the page, replace the uppercase "V" between the words "Inc." and "Kelley" with a lower case "v" so that the line reads:

City Energy Group, Inc. v. Kelley Drye & Warrent LLP, No. 2:11-cv-

On page 22, line 4 of the first full paragraph, delete the period after "760" so that the line reads:

279, 151 P.3d at 760; see also 6A Wright, et al., supra, § 1542

The clerk of the court is directed to take all necessary steps to notify the publishing agencies of this correction.

DATED: Honolulu, Hawai#i, March 16, 2023.

/s/ Clyde J. Wadsworth Associate Judge