Nakaoka v. Shizuru

Electronically Filed
Supreme Court
SCWC-XX-XXXXXXX
17-MAR-2023
10:42 AM
Dkt. 27 OGAC
SCWC-XX-XXXXXXX
IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
ARYN NAKAOKA and DARCIE NAKAOKA,
Petitioners/Plaintiffs-Appellants,
vs.
EUGENE SHIZURU and CAROLE SHIZURU; DANIEL T.M. CHOY,
individually and dba CORINTHIANS REALTY; and LYNIEL
CHOY, individually and dba RAINBOW REALTY INTERNATIONAL,
Respondents/Defendants-Appellees.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(CAAP-XX-XXXXXXX; CIV. NO. 1CC161002076)
ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI
(By: Recktenwald, C.J., Nakayama, McKenna, and Eddins, JJ.,
and Circuit Judge Wong, in place of Wilson, J., recused)
Petitioners/Plaintiffs-Appellants’ Application for
Writ of Certiorari, filed on January 21, 2023, is hereby
accepted.
IT IS FURTHER ORDERED that each of the parties shall
file a supplemental brief within fourteen (14) days from the
date of this Order, not to exceed ten (10) pages in length,
addressing the following two questions:
(1) Whether Respondents/Defendants-Appellees waived
their HRS § 508D-18 alternative dispute resolution
defense by raising it for the first time in Eugene
Shizuru and Carole Shizuru’s July 8, 2019 motion for
partial summary judgment, or alternatively, whether
they are estopped from raising the defense.
(2) Whether the award of attorneys’ fees and costs by
the circuit court was fair and reasonable, in light of
that delay.
DATED: Honolulu, Hawaiʻi, March 17, 2023.
/s/ Mark E. Recktenwald
/s/ Paula A. Nakayama
/s/ Sabrina S. McKenna
/s/ Todd W. Eddins
/s/ Paul B.K. Wong
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