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STATE v. VAIMILI

No. SCWC-12-0000034.

313 P.3d 698 (2013)

131 Haw. 9

STATE of Hawai`i, Respondent/Plaintiff-Appellee, v. Joseph VAIMILI, Respondent/Defendant-Appellee, and Freedom Bail Bonds, Petitioner/Surety-Appellant.

Supreme Court of Hawai`i.

As Corrected October 30, 2013.

Attorney(s) appearing for the Case

Matthew N. Padgett, for petitioner.

Brian R. Vincent, for respondent.

RECKTENWALD, C.J., NAKAYAMA, ACOBA, McKENNA, and POLLACK, JJ.

Opinion of the Court by ACOBA, J.

We hold that the Circuit Court of the First Circuit (the court)1 was right in denying the Motion for Relief from Forfeiture of Bail Bond filed on November 2, 2011 (November 2 Motion for Relief) by Petitioner/Surety-Appellant Freedom Bail Bonds (Petitioner). In doing so we conclude that (1) the November 2 Motion for Relief could not be brought under Hawai`i Rules of Civil Procedure (HRCP) Rule 60(b)

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