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QUEEN EMMA FOUNDATION v. TATIBOUET

No. 26764.

236 P.3d 1236 (2010)

The QUEEN EMMA FOUNDATION, a Hawai`i non-profit corporation, Plaintiff-Appellee, v. Andre Stephen TATIBOUET, and Coral Reef Development, LLC, a Hawai`i limited company, Defendants-Appellants, and John Does 1-10; Jane Does 1-10; Doe Entities 1-10; and Doe Governmental Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai`i.

July 29, 2010.

Attorney(s) appearing for the Case

Rosemary T. Fazio, Kevin W. Herring, Jill M. Hasegawa, Honolulu, on the briefs, for Plaintiff-Appellee.

James T. Bickerton, K. Bartlett Durand, Jr., Terrence M. Lee, Nadine Y. Ando (Bickerton Lee Dang & Sullivan), Honolulu, William Meheula (Winer Meheula & Devens), Honolulu, on the briefs, for Defendants-Appellants.

NAKAMURA, Chief Judge, FOLEY, and FUJISE, JJ.

Opinion of the Court by NAKAMURA, C.J.

In this appeal, we are called upon to determine whether (1) an otherwise moot controversy may be kept alive by a dispute over the award of attorneys' fees and costs; and (2) whether the underlying merits of a moot appeal must be addressed to determine whether the trial court's award of attorneys' fees and costs to the "prevailing party" was proper. We hold that (1) a dispute over the award of attorneys' fees and costs does not...

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