CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NO. 30171; CR. NO. 07-1-2068)
Donn Fudo for respondent
Acoba, McKenna, and Pollack, JJ., with Nakayama, J., dissenting, with whom Recktenwald, C.J., joins
ORDER DENYING MOTION FOR RECONSIDERATION
Upon consideration of the Motion for Reconsideration filed on February 19, 2014 by Respondent/Plaintiff-Appellee State of Hawai'i, and the records and files herein, IT IS HEREBY ORDERED that the motion is denied.
NAKAYAMA, J., IN WHICH RECKTENWALD, C.J., JOINS
For the reasons set forth in my dissent to this court's February 10, 2014 opinion, I would grant Respondent/Plaintiff-Appellee State of Hawaii's motion for ...