Oahu Publ’ns, Inc. v. Abercrombie

Oahu Publications (“OP”) successfully obtained a judgment against the Governor and was awarded attorneys’ fees. The Governor appealed the attorneys' fees award. The Intermediate Appellate Court (ICA) dismissed the appeal because of an error in the circuit court’s award. The circuit court corrected its judgment, and the Governor again appealed. The ICA affirmed the award of attorneys’ fees. OP then filed a request for appellate fees in the ICA, which included fees accrued during both the first and second appeals. The ICA denied the request for fees incurred during the first appeal on the grounds that it was untimely but granted the request with respect to the second appeal. The Supreme Court vacated in part the ICA’s judgment, holding that the ICA erred in not considering OP’s request for fees and costs incurred during the first appeal, as (1) OP was not a prevailing party for purposes of Haw. Rev. Stat. 92F-15(d) until after the second appeal was decided; and (2) even if OP could have filed a request for fees and costs pursuant to section 92F-15(d) upon dismissal of the first appeal, the ICA had the discretion to consider an untimely request for fees and costs. Remanded. View "Oahu Publ'ns, Inc. v. Abercrombie" on Justia Law