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Electronically Filed Supreme Court SCWC-XX-XXXXXXX 07-JUL-2023 03:55 PM Dkt. 53 SO

SCWC-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAI‘I

ARYN NAKAOKA and DARCIE NAKAOKA, Petitioners/Plaintiffs-Appellants, vs. EUGENE SHIZURU and CAROLE SHIZURU; DANIEL T.M. CHOY, individually and dba CORINTHIANS REALTY; and LYNIEL CHOY, individually and dba RAINBOW REALTY INTERNATIONAL, Respondents/Defendants-Appellees.

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (CAAP-XX-XXXXXXX; CIV. NO. 1CC161002076)

SUMMARY DISPOSITION ORDER (By: Recktenwald, C.J., McKenna, and Eddins, JJ., Circuit Judge Wong and Circuit Judge Johnson, assigned by reason of vacancies) Petitioners/Plaintiffs-Appellants Aryn Nakaoka and Darcie Nakaoka timely filed an application for writ of certiorari from the Intermediate Court of Appeals’ (ICA)

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judgment in Nakaoka v. Shizuru, 151 Hawai‘i 510, 517 P.3d 783 (App. 2022), which affirmed the Circuit Court of the First Circuit’s (1) April 8, 2020 Final Judgment; (2) July 17, 2020 “Order Granting Defendants Eugene Shizuru and Carole Shizuru’s Motion for an Award of Attorneys’ Fees, Filed April 22, 2020”; (3) July 17, 2020 “Order Granting Defendant Lyniel Choy’s Motion for an Award of Attorneys’ Fees and Costs, Filed April 22, 2020”; and (4) July 17, 2020 “Amended Order Granting Defendant Daniel T.M. Choy’s Motion for an Award of Attorney’s Fees and Costs, Filed April 22, 2020”; and dismissed the “purported appeal” arising from the Circuit Court’s July 17, 2020 “Order Granting Defendants Eugene Shizuru and Carole Shizuru’s Motion for Costs, Filed May 1, 2020.” This court granted certiorari on March 17, 2023 and ordered supplemental briefing and oral argument.

Upon careful review of the record and the briefs submitted by the parties, including supplemental briefs filed by all parties, and also having heard oral argument on June 22, 2023,

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IT IS HEREBY ORDERED that the ICA’s January 18, 2023 judgment on appeal is affirmed.

DATED: Honolulu, Hawai‘i, July 7, 2023.

Richard E. Wilson for /s/ Mark E. Recktenwald Petitioners/Plaintiffs- Appellants Aryn Nakaoka /s/ Sabrina S. McKenna and Darcie Nakaoka /s/ Todd E. Eddins Henry F. Beerman for Respondents/Defendants- /s/ Paul B.K. Wong Appellees Eugene Shizuru and Carol Shizuru /s/ Ronald G. Johnson Enver W. Painter, Jr. for Respondent/Defendant- Appellee Daniel T.M. Choy Philip W. Miyoshi for Respondent/Defendant- Appellee Lyniel Choy