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JOU v. ARGONAUT INS. CO.

No. SCWC-30606.

331 P.3d 449 (2014)

133 Haw. 471

Emerson M.F. JOU, M.D., Petitioner/Plaintiff-Appellant, v. ARGONAUT INSURANCE COMPANY, An Entity, Form Unknown; City and County of Honolulu, A Self-Insured Governmental Entity; HEMIC, aka Hawaii Employers Medical Insurance Company, An Entity, Form Unknown; and Marriott Claim Services Corporation, a Corporation, Respondents/Defendants-Appellees. (ICA No. 30606; Civ. No. 03-1-1445). Emerson M.F. Jou, M.D., Petitioner/Plaintiff-Appellant, v. HEMIC, aka Hawaii Employers Medical Insurance Company, An Entity, Form Unknown, Respondents/Defendants-Appellees. (ICA No. 30607; Civ. No. 09-1-1529).

Supreme Court of Hawai`i.

June 5, 2014.

Attorney(s) appearing for the Case

Stephen M. Shaw, Honolulu, for petitioner.

NAKAYAMA, Acting C.J., McKENNA, and POLLACK, JJ., and Circuit Judge TRADER, In Place of RECKTENWALD, C.J., Recused, and Circuit Judge BROWNING, In Place of ACOBA, J., Recused.

Opinion of the Court by POLLACK, J.

The sole issue in this case is whether Petitioner Emerson M.F. Jou, M.D. (Jou) is eligible to be awarded appellate costs. Jou filed separate appeals to the Intermediate Court of Appeals (ICA) regarding two orders of the Circuit Court of the First Circuit (circuit court) that had granted motions in favor of Respondent Hawaii Employers Medical Insurance Company (HEMIC). The ICA vacated one order, but denied Jou's request for costs...

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