D'Elia v. Association of Apartment Owners of Fairway Manor

This is a companion case to No. 7206 decided this day. In the previous case, the court below granted a partial summary judgment to the appellee on Counts I and II of the appellants’ complaint and entered an order pursuant to Rule 54(b), Hawaii Rules of Civil Procedure, which contained the appropriate recitals so as to allow that order to be appealed. Appellants then filed the appeal in No. 7206. Thereafter, appellee moved for the award of attorney’s fees based on § 514A-94, Hawaii Revised Statutes (HRS) and purportedly based on an amendment to the by-laws of the Association of Apartment…