Job v. Pan
Annotate this Case
Download PDF
NO. 24825 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I MARILOU Z. JOB and GOLLEN JOB, Plaintiffs-Appellants, v. STANLEY PAN, Defendant-Appellee, and JOHN DOES 1-10, JANE DOES 1-10, DOE PARTNERSHIPS 1-10, DOE CORPORATIONS 1-10, ROE "NON-PROFIT" ORGANIZATIONS 1-10, and ROE GOVERNMENTAL ENTITIES 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (Civ. No. 00-1-3738) (By: ORDER DENYING MOTION FOR RECONSIDERATION Watanabe, Acting C.J., Lim, and Foley, JJ.) On August 2, 2004, Defendant-Appellee Stanley Pan (Pan) filed a Motion for Reconsideration (motion for reconsideration) of this court's Summary Disposition Order dated July 23, 2004. We conclude, having considered the arguments presented in the motion for reconsideration, the applicable statutory law, and the precedent of the Hawai#i Supreme Court, that the motion must be denied. The motion for reconsideration primarily inquires how the cases Kim v. Reilly, ___ Hawai#i ___, ___ P.3d ___ (June 14, 2004, 2004 WL 1303168), and Gepaya v. State Farm Mut. Auto. Ins. Co., 94 Hawai#i 362, 14 P.3d 1043 (2000), can be reconciled and applied simultaneously. By our reading, Kim+ prohibits the circuit court from modifying or vacating the arbitration award entered as a final judgment on August 27, 2001, while Gepaya appears to condone the practice of "reserving" the question of -1- the application of the covered loss deductible (CLD) for later proceedings. While the possible inconsistency between the cases is a legitimate concern, it is more appropriately addressed to the Hawai#i Supreme Court. The motion for reconsideration is denied. DATED: Honolulu, Hawai#i, August 12, 2004. On the motion: Acting Chief Judge Randall Y. S. Chung and Lance S. Au for defendant-appellee. Associate Judge Associate Judge -2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
