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BANK OF HAWAII v. SHINN

No. 27832.

200 P.3d 370 (2008)

BANK OF HAWAII, Respondent/Plaintiff-Appellee v. Michael L. SHINN, Petitioner/Defendant-Appellant and Bays, Deaver, Hiatt, Kawachika & Lezak, a Hawai`i partnership, Defendant-Appellee and Donald T. Eovino; Kahala Ventures, a Hawai`i general partnership; First Hawaiian Bank; Donald H. Wilson, as Trustee of the Jerry T. Lynn Charitable Remainder Trust; B & T Enterprises, a California corporation; Richard Wallace and Patricia Davison Wallace, as Trustees of the Muldoon & Associates Money Purchase Plan and Trust; Universal Securities Co., LTD., a Japan corporation; Loren H. Cook; Darcy H. Cook; J. Roger Allen; Cathreine G. Allen; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Entities 1-50; and Doe Governmental Units 1-50, Defendants.

Supreme Court of Hawai`i.

Reconsideration Denied February 17, 2009.

Attorney(s) appearing for the Case

Gary Victor Dubin, Honolulu (Lon Huy Vu with him on the application), for petitioner/defendant-appellant.

Peter Van Name Esser, Honolulu (Mark T. Shklov and Michel A. Okazaki with him on the brief & response), for respondent/plaintiff-appellee Bank of Hawaii.

MOON, C.J., ACOBA, and DUFFY, JJ.; with LEVINSON, J., concurring separately, and dissenting, with whom NAKAYAMA, J., joins.

Opinion of the Court by ACOBA, J.

Petitioner/Defendant-Appellant Michael L. Shinn (Petitioner) seeks review of the judgment of the Intermediate Court of Appeals (ICA), filed on March 30, 2008, pursuant to its published opinion filed on February 29, 2008,1 affirming the March 7, 2006 Order of the first circuit court (the court)2 denying Petitioner's Hawai`i Rules of Civil Procedure (HRCP) Rule 60(b) (2008) motion...

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