HAWAI`I APPELLATE COURT

OPINIONS AND ORDERS

SEPTEMBER

2004

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This site includes (1) court opinions designated for publication in West's Hawai'i Reports and West's Pacific Reporter, (2) memorandum opinions, (3) summary disposition orders, and (4) other final orders that dispose of appeals or original proceedings decided by the Hawai'i Supreme Court and the Hawai'i Intermediate Court of Appeals (ICA).

This opinion page contains all final dispositions from the Hawai'i Supreme Court and the Hawai'i Intermediate Court of Appeals that are not confidential. "For Publication" means the disposition is to be published in West's Hawai'i Reports and West's Pacific Reporter and may be cited as precedent under Rule 35 of the Hawai'i Rules of Appellate Procedure. "Not for Publication" means the disposition will not be published in the West reporters and has limited precedential value.

Opinions or orders are generally subjected to reconsideration under Rule 40 of the Hawai'i Rules of Appellate Procedure (HRAP). Final ICA opinions or orders are subject to review by application for writ of certiorari under HRS § 602-59 and HRAP Rule 40.1.

The documents on this site are "as filed." The documents have not been enhanced or edited for publication. A document will not be removed from the web site except upon court order.

Alert: These electronic opinions may contain computer-generated errors or other deviations from the official slip opinion filed in the Office of the Chief Clerk, Supreme Court of the State of Hawai'i. The opinion is eventually published in a West's Hawai'i Reports bound volume. In case of discrepancies, the opinion as filed in the Clerk's Office controls.