Nakaoka v. Shizuru

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FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-20-0000320 29-DEC-2022 07:58 AM Dkt. 141 OCOR NO. CAAP-20-0000320 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ARYN NAKAOKA and DARCIE NAKAOKA, Plaintiffs-Appellants, v. EUGENE SHIZURU and CAROLE SHIZURU; DANIEL T.M. CHOY; individually and dba CORINTHIANS REALTY; LYNIEL CHOY, individually and dba RAINBOW REALTY INTERNATIONAL, Defendants-Appellees and JOHN DOES 1-10, JANE DOES 1-10, DOE LIMITED LIABILITY COMPANIES 1-10; DOES LIMITED LIABILITY CORPORATIONS 1-10; DOE GOVERNMENTAL ENTITIES 1-10; AND DOE OTHER ENTITIES 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 16-1-2076-11) (By: ORDER OF CORRECTION Wadsworth, J., for the court1/) IT IS HEREBY ORDERED that the Opinion of the Court filed on September 1, 2022, is corrected as follows: The trial court case number in the case caption on the first page, beneath the heading "APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT," should be corrected from "17-1-0160-01" to "16-1-2076-11" so that the heading and case number reads: APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 16-1-2076-11) 1/ Ginoza, C.J., and Leonard and Wadsworth, JJ. FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER On page 3, first line of the third paragraph, delete the apostrophe between the "a" and the "s" in the word "Nakaoka's" and insert an apostrophe after the "s" so that the line reads: With respect to the Nakaokas' point of error, we hold On page 4, third bullet beginning with "Count III," replace the word "Relator" and "Realtor" so that the line reads: • Count III - Breach of Duties as Realtor, alleged against Daniel and Lyniel. On page 5, in the second line of footnote 4, replace the number "580D" with "508D" so that the line reads: HRS Chapter 508D in the SAC. conceded below that Nevertheless, the Nakaokas On page 6, in the second and sixth lines, replace the uppercase "C" in "Clerk of the Court" with a lower case "c" so that the second line reads: seeking taxation by the clerk of the court of costs incurred in and the sixth line reads: April 27, 2020, the clerk of the court denied the Shizurus' The clerk of the court is directed to take all necessary steps to notify the publishing agencies of this correction. DATED: Honolulu, Hawai#i, December 29, 2022. /s/ Clyde J. Wadsworth Associate Judge 2

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