Franks v. Holloway

• Court: Hawaii Intermediate Court of Appeals
• Decided: April 12, 2024
• Docket: CAAP-18-0000427
• Status: Published

Opinion

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

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 12-APR-2024 08:32 AM Dkt. 68 OCOR

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

SHELBY RHO FRANKS; JAMES PAUL FRANKS; AND BRANDY LEA FRANKS, Plaintiffs-Appellants, v. DESTINI HOLLOWAY, Defendant/Cross-Claim Plaintiff/Cross-Claim Defendant-Appellee, and PAUL JASON SPAULDING, Defendant/Cross-Claim Defendant/Cross-Claim Plaintiff/ Cross-Claim Plaintiff-Appellee, and JAYNE R. NAGANUMA; KRYSTYN CENDROWSKI; KALA SINGSON, Defendants/Cross-Claim Defendants-Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; ROE "NON-PROFIT" CORPORATIONS 1-10; AND ROE GOVERNMENTAL ENTITIES 1-10, Defendants, and PAUL JASON SPAULDING, Third-Party Plaintiff-Appellee, v. VCA ANIMAL HOSPITALS, INC., Third-Party Defendant

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 15-1-0188)

ORDER OF CORRECTION (By: Leonard, Acting Chief Judge, for the court)1

IT IS HEREBY ORDERED that the Opinion of the court,

filed on November 28, 2023, is hereby corrected as follows:

1 Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ. FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

At page 11, line 14 from bottom, delete the closing

quotation mark at the end of the sentence so that it reads as

follows:

duty, and damages[.]

At page 12, line 10 from bottom, insert the word "or"

after the word "owner" so that it reads as follows:

owner or harborer of an animal shall not be liable for any

At page 14, line 12 from top, insert a closing

parentheses after the current typed ")" of the sentence so that

it reads as follows:

1273, 1290 (1992) (emphasis omitted)).

At page 15, line 18 from bottom, insert the following

after "709" so that it reads as follows:

, 211 Cal.Rptr. 668

At page 16, line 4 from top, replace "715" with "673 so

that it reads as follows:

Id. at 673 (emphasis omitted).

At page 18, line 10 from top, insert a closing

parentheses after the current typed ")" of the sentence so that

Economy Fire & Cas. Co., 715 So.2d 131, 134 (La. Ct. App. 1998)).

At page 19, in the block quote, line 2, correct the

font size from 12 to 10 in the word "bite" so that the "e" is in

the correct font size and it reads as follows: dog his "first bite" before an owner can be held liable for

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

The clerk of the court is directed to take all

necessary steps to notify the publishing agencies of this change.

DATED: Honolulu, Hawai#i, April 12, 2024.

FOR THE COURT:

/s/ Katherine G. Leonard Acting Chief Judge