Cox v. Cox.

DISSENTING OPINION BY

RECKTENWALD, C.J.,

IN WHICH NAKAYAMA, J., JOINS

I. Introduction

Since 1982, the Hawaii Family Court Rules (HFCR) have contained a provision entitled Rule 68, “Offer of Settlement.” The rule establishes a process for awarding costs and attorney’s fees against litigants who reject an offer to settle and then fail to obtain a result that is patently more favorable than the offer.

The parties here evidently thought that the adoption of HFCR Rule 68 was a legitimate exercise of this court’s authority, since they never, at any point in this proceeding, suggested otherwise. At no…