Schulz v. Honsador, Inc.

OPINION OF THE COURT BY

LUM, C.J.

Third-Party Defendants-Appellants Republic Corporation (Republic) and Construction Material Suppliers (CMS) appeal from an order of the circuit court which denied their post-judgment motion for taxation of attorney’s fees against Third-Party Plaintiff-Appellee Honsador, Inc. (Honsador). The court concluded that the third party action brought by Honsador against Republic and CMS was not in the nature of assumpsit but, rather, in the nature of negligence, and therefore held that Republic and CMS could not avail themselves of Hawaii Revised Statutes (HRS) § 607-14…