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CARLISLE v. ONE (1) BOAT

No. 26995.

195 P.3d 1177 (2008)

Peter B. CARLISLE, in his official capacity as the Prosecuting Attorney of the City and County of Honolulu, on behalf of the State of Hawai`i, Respondent/Petitioner-Appellant, v. ONE (1) BOAT, 18.5 Feet With Fiberglass Hull, Blue and White In Color, Registration No. Ha 2709 D, Hull Identification No. GLA72495M77G, With Trailer, Serial No. TUD051894HDNWP, and Gas Engine With Winch System (Estimated Value: $4,000.00); One (1) Evinrude Brand Outboard Engine, 112 Horsepower, Serial No. G04072044, and One (1) Evinrude Brand Outboard Engine, 30 Horsepower, Serial No. G03586474 (Estimated Value: $1,000.00); Two (2) Monofilament Gill Nets, Each Approximately 1500 Feet in Length (Estimated Value: $3,000.00) (Aggregate Estimated Value $8,000.00), Defendant, and Dang Van Tran and Sang Tran, Petitioners/Interested Persons-Appellees.

Supreme Court of Hawai`i.

November 17, 2008.

Attorney(s) appearing for the Case

Bryan Y.Y. Ho, Honolulu, for petitioners/interested persons appellees.

Charlotte J. Duarte, Deputy Prosecuting Attorney, for respondent/petitioner-appellant.

MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.

Opinion of the Court by MOON, C.J.

On June 26, 2008, this court accepted a timely application for a writ of certiorari, filed by petitioners/interested persons-appellees Dang Van Tran (Dang) and Sang Tran (Sang) [hereinafter, collectively, the Trans] on May 27, 2008, requesting this court review the Intermediate Court of Appeals' (ICA) March 17, 2008 judgment on appeal, entered pursuant to its published opinion in Carlisle v. One Boat, 118 Haw. 107,

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