430 P.3d 890 (Hawaii App. 2018), CAAP-16-0000134, Palehua Community Association By and Through Board of Directors v. Kelly
|Citation:||430 P.3d 890, 143 Hawaii 329|
|Party Name:||PALEHUA COMMUNITY ASSOCIATION, BY AND THROUGH its BOARD OF DIRECTORS, Plaintiff-Appellee, v. Cora Charlotte Linden KELLY, Defendant-Appellant, and John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Entities 1-10; and Doe Governmental Units 1-10, Defendants.|
|Attorney:||R. Laree McGuire, Linda E. Ichiyama and Cherly A.K. Fraine (Porter McGuire Kiakona & Chow, LLP), Honolulu, for Plaintiff-Appellee. David Raatz for Defendant-Appellant.|
|Judge Panel:||By: Fujise, Presiding Judge, Leonard and Chan, JJ.|
|Case Date:||November 27, 2018|
|Court:||Court of Appeals of Hawai'i, Intermediate|
This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 11-1-1958).
On the briefs:
R. Laree McGuire, Linda E. Ichiyama and Cherly A.K. Fraine (Porter McGuire Kiakona & Chow, LLP), Honolulu, for Plaintiff-Appellee.
David Raatz for Defendant-Appellant.
By: Fujise, Presiding Judge, Leonard and Chan, JJ.
[143 Hawaii 330] SUMMARY DISPOSITION ORDER
Defendant-Appellant Cora Charlotte Linden Kelly (Kelly) appeals from: (1) the Order Granting In Part Plaintiff Palehua Community Associations (Palehua) Non-Hearing Motion For Attorneys Fees, Costs, and Expenses, filed February 1, 2016; and (2) the Final Judgment, filed February 16, 2016, in the Circuit Court of the First Circuit (circuit court).1
This appeal arises from a breach of a homeowners associations rules regarding yard maintenance brought by Palehua against Kelly. On appeal, Kelly contends that: (1) the circuit court improperly considered and granted Palehuas request for money damages in conjunction with its award of attorneys fees and costs; and (2) the circuit court abused its discretion in awarding attorneys fees against Kelly.2
Upon careful review of the record and the briefs submitted by the parties, and having given due consideration to the arguments advanced, applicable authorities, and the issues raised, we resolve Kellys points on appeal as follows:
I. The Circuit Court Did Not Abuse Its Discretion in Granting Palehuas Request for Attorneys Fees and Costs
We first address Kellys argument that the circuit court improperly considered and granted Palehuas request for money damages in its Non-Hearing Motion for Attorneys Fees, Costs, and Expenses (Non-Hearing Motion for Attorneys Fees and Costs). We review a motion for attorneys fees and costs under the "abuse of discretion" standard. Sierra Club v. Dept of Transp., 120 Hawaii 181, 197, 202 P.3d 1226, 1242 (2009) (internal quotation marks, citations, and brackets omitted).
Kelly argues that Palehua failed to explicitly state, claim, or demand money damages in its Complaint for Declaratory and Injunctive Relief, filed September 2, 2011, by failing to allege either that Palehuas governing documents constitute a contract or that Palehua was damaged...
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