Nakasone v. Nakasone

Opinion of the Court by

ACOBA, J.

We hold that matters in an offer of settlement made pursuant to Hawaii Family Court Rules (HFCR) Rule 68, which are initially rejected but later settled by agreement before trial, are not subject to an award of attorney’s fees and costs under Rule 68. We granted certiorari to review the decision of the Intermediate Court of Appeals 1 (ICA) in Nakasone v. Nakasone, 102 Hawai'i 108, 73 P.3d 62 (App. 2002), which held to the contrary. 2

I

On November 24, 1998, Petitioner/Defen-danh-Appellant Gerald Nakasone (Petitioner) made a HFCR Rule 68 offer to…