NO. 26610
IN THE
SUPREME COURT OF THE STATE OF HAWAI`I
808 DEVELOPMENT, LLC, Lienor-Appellant/Cross-Appellee,
vs.
GLENN NOBUKI
MURAKAMI and ANN SUE ISOBE,
Respondents-Appellees/Cross-Appellants,
and
JOSEPH E.
SPADARO aka JOSEPH ELIO SPADARO,
individually
and as Trustee under that certain
Declaration
of Trust dated October 3, 2000,
JOHN NELSON
SPADARO; JIM HOGG; LISA HOGG; and
AMERICAN
SAVINGS BANK, F.S.B., Respondents-Appellees,
and
JOHN DOES
1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10;
DOE
CORPORATIONS 1-10; DOE ENTITIES 1-10; and
DOE
GOVERNMENTAL UNITS 1-10, Respondents.
APPEAL FROM THE FIRST CIRCUIT COURT
(M.L. NO.
04-1-0002))
ORDER OF AMENDMENT
(By: Moon,
C.J., for the court (1))
IT IS HEREBY ORDERED that the opinion of the court in the above
captioned matter, filed August 14, 2006, is amended
as follows (deleted material is bracketed and stricken; new material is
double underscored):
At the bottom of page 34 to the
top of page 35:
In
addition, 808 Development's failure to discuss Hiraga does not render[s] its arguments
frivolous because Hiraga
promotes strict adherence to the requirements of the relevant statutes
as they relate to a lien application, whereas 808
Development's arguments centered on why the court should exempt it from
the strict statutory requirements.
The Clerk of the
Court is directed to incorporate the foregoing changes in the original
opinion and take all necessary steps
to notify the publishing agencies of these changes.
DATED: Honolulu,
Hawai`i, September 7, 2006.
---------------------------------
No. 26610 808
Development, LLC v. Murakami
-- Order of
Amendment
1. Considered by: Moon, C.J.,
Levinson, Acoba, and Duffy, JJ.; and Intermediate Court of Appeals
Associate Judge
Watanabe, in place of Nakayama, J., recused