Glover v. Grace Pacific Corp.

ACOBA, Judge.

We hold in this appeal by Plaintiff-Appellant William D. Glover, Jr. (Glover) that while an order may condition Hawaii Rules of Civil Procedure (HRCP) Rule 37(b) sanctions on the offending party’s failure to satisfy a condition contained in the order, the order in the instant case was not enforceable because the condition that Glover “reschedule” an independent medical examination (IME) with a physician retained by Defendant and Third-Party Plaintiff-Appellee Grace Pacific Corporation (Grace) was imposed after the time set for satisfying the condition had already expired.

We also…