Opinion
No. 27832.
DATED: February 17, 2009.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CIV. NO. 93-1151)
Gary Victor Dubin, Long H. Vu, and Frederick J. Arensmeyer (Dubin Law Offices), on the motion for petitioner/defendant-appellant.
Mark T. Shklov, Michel A. Okazaki, and Peter Van Name Esser, on the opposition for respondent/plaintiff-appellee.
By: MOON, C.J., ACOBA, and DUFFY, JJ.; and Retired Justice LEVINSON, appointed by reason of vacancy on January 9, 2009, dissenting, with whom Nakayama, J., joins.
ORDER DENYING MOTION FOR RECONSIDERATION
Upon consideration of the motion for reconsideration filed on January 8, 2009 by Petitioner/Defendant-Appellant Michael L. Shinn, requesting that this court review its opinion filed on December 29, 2008, the opposition filed by Respondent/Plaintiff-Appellee Bank of Hawai'i on January 26, 2009, and the record herein,
IT IS HEREBY ORDERED that the motion for reconsideration denied.
DATED: Honolulu, Hawai'i, February 17, 2009.
Having filed a concurring and dissenting opinion, I respectfully dissent and would grant the motion for reconsideration.