Lahaina Fashions, Inc. v. Bank of Hawaii

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Electronically Filed Supreme Court SCWC-30644 24-JAN-2014 01:24 PM SCWC-30644 IN THE SUPREME COURT OF THE STATE OF HAWAI'I LAHAINA FASHIONS, INC., a Hawai'i corporation, Petitioner/Plaintiff-Appellant/Cross-Appellee, vs. BANK OF HAWAI'I, a Hawai'i corporation; HAWAIIAN TRUST COMPANY, LTD., as Trustee for Hawai'i Real Estate Equity Fund; HAWAI'I REAL ESTATE EQUITY FUND; PACIFIC CENTURY TRUST, a division of Bank of Hawai'i as Trustee of the Hawai'i Real Estate Equity Fund, Respondents/Defendants-Appellees/Cross-Appellants. CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30644; CIV. NO. 07-1-0506) ORDER DENYING MOTION FOR RECONSIDERATION (By: Nakayama, Acting C.J., Acoba, McKenna, and Pollack, JJ., and Circuit Judge Kim, in place of Recktenwald, C.J., recused) Upon consideration of Petitioner/Plaintiff-Appellant/ Cross-Appellee Lahaina Fashions, Inc. s motion for reconsideration filed on January 17, 2014, requesting that this court review its opinion filed on January 7, 2014, affirming in part and vacating in part the April 12, 2013 Judgment of the Intermediate Court of Appeals and affirming the July 8, 2010 final judgment of the Circuit Court of the Second Circuit, IT IS HEREBY ORDERED that the motion is denied. DATED: Honolulu, Hawai'i, January 24, 2014. Philip H. Lowenthal, Benjamin Lowenthal, Joseph M. Alioto, and James Dombroski, for petitioner /s/ Paula A. Nakayama Terrence J. O Toole, Judith A. Pavey, and Andrew J. Lautenbach, for respondents /s/ Richard W. Pollack /s/ Simeon R. Acoba, Jr. /s/ Sabrina S. McKenna /s/ Glenn J. Kim 2

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