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SCHMIDT v. BOARD OF DIRECTORS

No. 15672.

836 P.2d 479 (1992)

Thomas F. SCHMIDT and Lorinna Jhincil Schmidt, Plaintiffs-Appellants, v. The BOARD OF DIRECTORS OF the ASSOCIATION OF APARTMENT OWNERS OF the MARCO POLO APARTMENTS and Marco Polo Management, Defendants-Appellees.

Supreme Court of Hawaii.

September 15, 1992.

Attorney(s) appearing for the Case

John Rapp, on the brief, Honolulu, for plaintiffs-appellants.

Melvyn M. Miyagi and Dan A. Colon (Reid, Richards & Miyagi, on the brief), Honolulu, for defendants-appellees.

Before LUM, C.J., WAKATSUKI and LEVINSON, JJ., WATANABE, Intermediate Court of Appeals Associate Judge, in place of MOON, J., recused, and HEEN, Intermediate Court of Appeals Associate Judge, in place of KLEIN, J., recused.

LEVINSON, Justice.

The plaintiffs-appellants Thomas F. Schmidt and Lorinna Jhincil Schmidt (collectively the Schmidts) appeal the trial court's denial of their motion for attorneys' fees, costs, and prejudgment interest. We agree with the trial court that Hawaii Revised Statutes (HRS) § 514A-94(b) (Supp. 1991) does not apply to the Schmidts' action against the defendants-appellees The Board of Directors of the Association of Apartment Owners of the Marco Polo...

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