TORTORELLO v. TORTORELLO

No. 27459.

145 P.3d 762 (2006)

Renee A. TORTORELLO, Petitioner-Appellee, v. Wilson TORTORELLO, Jr., Respondent-Appellant.

Intermediate Court of Appeals of Hawai`i.

Reconsideration Denied August 7, 2006.


Attorney(s) appearing for the Case

Mark S. Kawata and Craig T. Dela Cruz, on the briefs, for Respondent-Appellant.

Theodore Y.H. Chinn and Edie A. Feldman, on the briefs, for Petitioner-Appellee.

BURNS, C.J., and FOLEY, J.; and FUJISE, J., dissenting.


Opinion of the Court by BURNS, C.J.

Respondent-Appellant Wilson A. Tortorello, Jr. (Wilson) appeals from the August 1, 2005 Order For Protection entered in the Family Court of the First Circuit by Judge Darryl Y.C. Choy in favor of Petitioner-Appellee Renee A. Tortorello (Renee). We reverse.

BACKGROUND

At the time of the August 1, 2005 hearing, Renee and Wilson were married and had two minor sons. On June 28, 2005, Renee commenced FC-DA No. 05-1...

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