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NACINO v. KOLLER

No. 23572.

71 P.3d 417 (2003)

101 Hawai`i 466

Gerry NACINO, Petitioner/Appellant-Appellee, v. Lillian KOLLER, Director, Department of Human Services, State of Hawai'i, Respondent/Appellee-Appellant.

Supreme Court of Hawai`i.

As Corrected July 7, 2003.

Attorney(s) appearing for the Case

Howard Glickstein, Honolulu, for petitioner/appellant-appellee, on the writ.

LEVINSON and ACOBA, JJ., and Circuit Judge SIMMS, Assigned by Reason of Vacancy; and MOON, C.J., Dissenting, with whom NAKAYAMA, J., Joins.

Opinion of the Court by ACOBA, J.

I.

On October 21, 2002, this court granted the petition of Petitioner/Appellant Appellee Gerry Nacino (Petitioner) for a writ of certiorari to review the decision by the Intermediate Court of Appeals2 (ICA) in Nacino v. Chandler, 101 Haw. 473, 71 P.3d 424, 2002 WL 31019351 (Haw.Ct.App. Sept. 11, 2002) (ICA opinion). Therein...

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