Keaulii v. Simpson

OPINION OF THE COURT BY

LUM, C.J.

This case involves the question of whether the circuit court may impose sanctions, under Rule 26(A) of the Hawaii Arbitration Rules (HAR), against a party who appeals from an unfavorable arbitration decision but dismisses the case “with prejudice” before the evidentiary portion of the trial.

For the reasons set forth below, we hold that for purposes of Rule 26 of the HAR a circuit court’s decision to grant a party’s motion to dismiss with prejudice is a “decision rendered in a trial de novo” for which sanctions may be imposed.

I

This case arises out of a September…