Pulawa v. GTE Hawaiian Tel

Concurring and Dissenting Opinion by

ACOBA, J.

I concur with upholding the grant of summary judgment by the first circuit court (the court) on the ground that the basic propositions set out by the majority were first set out in Rodrigues v. State, 52 Haw. 156, 472 P.2d 509 (1970), and have been restated in *24subsequent eases. However, I respectfully dissent as to the majority's limitation on the “equities” that may be considered by trial courts under the express grant of discretion given by Hawaii Revised Statutes (HRS) § 607-9 (1993). For that reason I would remand on the question of costs.

I

First…