Association of Owners of Kalele Kai v. Yoshikawa
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The Supreme Court vacated in part the judgment of the intermediate court of appeals (ICA) vacating the final judgment order of the circuit court in connection with a dispute over whether Hitoshi Yoshikawa was allowed to moor his boat in the Kalele Kai marina, holding that when a judgment upon which attorneys' fees and costs were based has been vacated, the attorneys' fees and costs should also be vacated.
The circuit court granted summary judgment in favor of the Association of Owners of Kalele Kai, awarded attorneys' fees and costs, and entered final judgment in favor of the Association. The ICA vacated the summary judgment but affirmed the related attorneys' fees and costs award. The Supreme Court vacated the ICA's judgment to the extent it affirmed the attorneys' fees and costs award, which arose from the vacated summary judgment and vacated the order of the circuit court awarding fees and costs, holding that the ICA abused its discretion by limiting the issues on remand to prevent the circuit court from considering attorneys' fees and costs awarded based on the vacated summary judgment.
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