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COLL v. McCARTHY

No. 14105.

804 P.2d 881 (1991)

Edward COLL, Plaintiff-Appellant and Cross-Appellee, v. William J. McCARTHY, Defendant. HAWAIIAN INSURANCE & GUARANTY COMPANY, LTD., Defendant and Counterclaim Plaintiff-Appellee and Cross-Appellant, v. Edward COLL, Robert P. Marx and Glen J. Dryer, Counterclaim Defendants.

Supreme Court of Hawaii.

As Amended February 7, 1991.

Attorney(s) appearing for the Case

Glen J. Dryer, Hilo, for plaintiff-appellant and cross-appellee.

Roy Y. Yempuku (Gary S. Miyamoto with him, on the brief), Honolulu, for defendant and counterclaim plaintiff-appellee and cross-appellant.

Before LUM, C.J., and PADGETT, HAYASHI, WAKATSUKI and MOON, JJ.

MOON, Justice.

Plaintiff-Appellant Edward Coll (Coll) appeals from an order granting summary judgment in favor of Defendant and Counterclaim Plaintiff-Appellee Hawaiian Insurance & Guaranty Company, Ltd. (HIG). HIG cross-appeals from an order denying attorney's fees. We affirm the summary judgment in favor of HIG and reverse the order denying attorney's fees based on our finding that the complaint brought by Coll against HIG was frivolous.

I.

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