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JOU v. SCHMIDT

No. 27369.

184 P.3d 792 (2008)

Emerson M.F. JOU, M.D., Provider-Appellant, v. J.P. SCHMIDT, Insurance Commissioner, Department of Commerce and Consumer Affairs, State of Hawaii, Appellee-Appellee, and Island Insurance Company, Ltd., Respondent-Appellee.

Intermediate Court of Appeals of Hawai`i.

As Corrected April 30, 2008.

Attorney(s) appearing for the Case

Stephen M. Shaw, on the briefs, for Provider-Appellant.

Mark J. Bennett, Attorney General of Hawai`i, David A. Webber, Deborah Day Emerson, Deputy Attorneys General, on the briefs, for Appellee-Appellee.

Michael N. Tanoue, Patrick K. Kelly, Jeffrey S. Masatsugu (The Pacific Law Group), for Respondent-Appellee.

FOLEY, Presiding Judge, FUJISE, and LEONARD, JJ.

Opinion of the Court by LEONARD, J.

In this secondary appeal, Provider-Appellant Emerson M.F. Jou, M.D. (Jou) appeals from the Judgment filed in the Circuit Court of the First Circuit (Circuit Court) on May 23, 2005 (Judgment).1 The Circuit Court ruled in favor of Insurance Commissioner J.P. Schmidt (Commissioner Schmidt), Department of Commerce and Consumer Affairs of the State of Hawai`i ...

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