Nacino v. Koller

71 P.3d 417 (2003)

101 Hawai`i 466

Gerry NACINO, Petitioner/Appellant-Appellee,

v.

Lillian KOLLER,[1] Director, Department of Human Services, State of Hawai'i, Respondent/Appellee-Appellant.

No. 23572.

Supreme Court of Hawai`i.

June 30, 2003.

As Corrected July 7, 2003.

Howard Glickstein, Honolulu, for petitioner/appellant-appellee, on the writ.

LEVINSON and ACOBA, JJ., and Circuit Judge SIMMS, Assigned by Reason of Vacancy; and MOON, C.J., Dissenting, with whom NAKAYAMA, J., Joins.

Opinion of the Court by ACOBA, J.

I

On October 21, 2002, this court granted the petition of Petitioner/Appellant Appellee…