Hawaii Appellate Opinions

KAMAKA v. GOODSILL ANDERSON QUINN & STIFEL

January 24, 2008 (No. 26308)

Opinion [pdf]

OPINION OF THE COURT BY MOON, C.J.

Following a jury trial, plaintiff-appellant/cross-appellee Kitty Kamaka appeals -- and defendant-appellee/cross appellant Goodsill Anderson Quinn & Stifel (Goodsill) cross appeals -- from the Circuit Court of the First Circuit's December 24, 2003 final judgment entered in favor of Goodsill against Kamaka in this wrongful termination case, as well as the December 24, 2003 order awarding attorneys' fees and costs in favor of Goodsill. 

. . . .

For the reasons discussed more fully infra, we affirm the trial court's December 24, 2003 f(1) final judgment and (2) order granting Goodsill's attorneys' fees and costs.  If this court agrees, Goodsill's cross-appeal need not be addressed. [footnote omitted]

ROSALES v. DUELL

January 9, 2008 (No. 27059)

Opinion [pdf]

OPINION OF THE COURT BY FOLEY, J.

Garnishee-Appellant First Hawaiian Bank (FHB) appeals from the "Order Re Garnishee First Hawaii [sic] Bank's Claim of Statutory Right of Offset" (Order) filed on December 14 2004 in the Circuit Court of the First Circuit (circuit court).  The circuit court overruled FHB's purported right to a setoff under Hawaii Revised Statutes (HRS) § 652-2 (1993) and ordered the attorney for Petitioner-Appellee Adolfo R. Rosales (Rosales) to prepare a garnishee order against FHB.

On appeal, FHB argues that the circuit court erred in overruling FHB's right to offset deposits in the FHB accounts of Alejandria B. Pineda (Pineda) from the amount Pineda still owed on a FHB loan.  FHB contends the circuit court erroneously ignored the plain language of HRS § 652-2, pursuant to which FHB had a right of setoff.  FHB also maintains that in the Order, the circuit court erroneously applied and relief on Bank of Hawaii v. DeYoung, 92 Hawai'i 347, 992 P.2d 42 (2000), which FHB asserts is distinguishable from the instant case.  FHB asks this court to reverse the circuit court's Order and reinstate FHB's right of offset.

. . .

The "Order Re Garnishee First Hawaii [sic] Bank's Claim of Statutory Right of Offset,' filed on December 14, 2004, in the Circuit Court of the First Circuit is vacated, and this case is remanded for proceedings consistent with this opinion. [footnote omitted]