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  5. 847 P.2d 663 (1993)
 

KEAULII v. SIMPSON

No. 15645.

847 P.2d 663 (1993)

Nevin KEAULII, Plaintiff-Appellant, and Jo Anne Keaulii, Plaintiff, v. Mickie SIMPSON, Defendant-Appellee.

Supreme Court of Hawaii.

Reconsideration Denied March 31, 1993.

Attorney(s) appearing for the Case

Thomas J. Kaster (Erlinda Dominguez and Thomas E. Walsh with him on the brief of The Law Offices of Erlinda Dominguez), Honolulu, for plaintiff-appellant.

Jonathan L. Ortiz (Paul T. Yamamura and Dennis E.W. O'Connor, Jr. with him on the brief of Ortiz & Yamamura), Honolulu, for defendant-appellee.

Before LUM, C.J., MOON and LEVINSON, JJ., and HAYASHI, Retired Justice, Assigned by Reason of Vacancy and HEEN, Intermediate Court of Appeals Associate Judge, in place of KLEIN, J., Recused.

LUM, Chief Justice.

This case involves the question of whether the circuit court may impose sanctions, under Rule 26(A) of the Hawaii Arbitration Rules (HAR), against a party who appeals from an unfavorable arbitration decision but dismisses the case "with prejudice" before the evidentiary portion of the trial.

For the reasons set forth below, we hold that for purposes of Rule 26 of the HAR a circuit court's decision to grant a party's motion to dismiss with...

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