LAHAINA FASHIONS, INC. v. BANK OF HAWAI`I

No. SCWC-30644.

319 P.3d 356 (2014)

131 Haw. 437

LAHAINA FASHIONS, INC., a Hawai`i corporation, Petitioner/Plaintiff-Appellant/Cross-Appellee, v. BANK OF HAWAI`I, a Hawai`i corporation; Hawaiian Trust Company, Ltd., as Trustee for Hawai`i Real Estate Equity Fund; Hawai`i Real Estate Equity Fund; Pacific Century Trust, a division of Bank of Hawai`i as Trustee of the Hawai`i Real Estate Equity Fund, Respondents/Defendants-Appellees/Cross-Appellants.

Supreme Court of Hawai`i.

January 7, 2014.


Attorney(s) appearing for the Case

Philip H. Lowenthal , Benjamin Lowenthal , Wailuku, Joseph M. Alioto , and James Dombroski , Petaluma, for petitioner.

Terrence J. O'Toole , Judith A. Pavey , and Andrew J. Lautenbach , Honolulu, for respondents.

NAKAYAMA, Acting C.J., ACOBA, JR., McKENNA, and POLLACK, JJ., and Circuit Judge KIM, in place of RECKTENWALD, C.J., recused.


Opinion of the Court by ACOBA, J.

We hold, first, that depending on the circumstances, a court may recall a jury following a formal discharge if the jury is in the presence of, under the direction of, or subject to the control of the court. Inasmuch as the Intermediate Court of Appeals (ICA) held that a jury cannot be recalled under any circumstances following an order discharging the jury, respectfully, the ICA erred.

Second, a special verdict form cannot...

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