Electronically Filed
Supreme Court
SCWC-29553
27-AUG-2014
11:39 AM
SCWC-29553
IN THE SUPREME COURT OF THE STATE OF HAWAI'I
HIROKAZU NAKAJIMA,
Petitioner/Plaintiff/Cross-Defendant/Appellant,
vs.
AKI NAKAJIMA,
Respondent/Defendant/Cross-Plaintiff/Appellee.
CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS
(ICA NO. 29553; FC-DIVORCE NO. 05-1-0587)
ORDER DENYING MOTION FOR RECONSIDERATION
(By: Recktenwald, C.J., Nakayama, McKenna, Pollack, and Wilson, JJ.)
On August 18, 2014, Petitioner/Plaintiff/Cross-
Defendant/Appellant Hirokazu Nakajima (Hirokazu) filed a Motion
for Reconsideration of this court’s August 7, 2014 order
accepting his application for a writ of certiorari and remanding
the case to the Intermediate Court of Appeals for further
proceedings.1 In his motion, Hirokazu argues that this court
1
Because this court’s August 7, 2014 order was a dispositional order and
not merely an order accepting an application for a writ of certiorari, Hawai'i
Rules of Appellate Procedure (HRAP) Rule 40.1(h) does not apply. In such
circumstances, this court’s appellate jurisdiction covers the ten-day time
period in which a party may file a motion for reconsideration. See HRAP Rule
40(a).
misconstrued the scope of the sanctions that the Family Court of
the Second Circuit imposed for abuse of the discovery process.
He asserts that those sanctions did not extend to the denial of
an evidentiary hearing regarding the valuation of Avalon Cove,
Inc. Hirokazu’s argument is meritless. The family court
specifically concluded “that there was no due process violation
in determining the appraised value of the Avalon Cove properties
without an evidentiary hearing because its ruling . . . reflects
sanctions against Hirokazu for concealing assets.” See Record on
Appeal at 1253 (some capitalization omitted). The record
confirms that the family court’s sanctions included denying
Hirokazu an evidentiary hearing. Therefore,
IT IS HEREBY ORDERED that the motion for
reconsideration is denied.
DATED: Honolulu, Hawai'i, August 27, 2014.
Blake T. Okimoto /s/ Mark E. Recktenwald
for respondent
on the motion /s/ Paula A. Nakayama
Junsuke Otsuka /s/ Sabrina S. McKenna
for petitioner
on the response /s/ Richard W. Pollack
/s/ Michael D. Wilson
2