Butler v. Obayashi

OPINION OF THE COURT BY

PADGETT, J.

This is an Hawaii Rules of Civil Procedure (HRCP) 54(b) appeal from an order entered below dismissing the complaint.

The complaint contained two counts. In the first count, appellant prayed forthe amountof $48,080.15as the balance due upon a contract for work in renovating appellee’s home. The second count puiports to sound in “tortious breach of contract” and alleges that the refusal to pay the remaining balance of $48,080.15 was done with deliberate intention to injure and damage appellant, and done with knowledge that such deliberate acts would injure…