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2009-04-21_County_of_Hawaii_v_Coupe_Family_and_Robert_Nigel_Richards_Opinion_of_the_Supreme_Court_by_Justice_Acoba
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2009-04-21_County_of_Hawaii_v_Coupe_Family_and_Robert_Nigel_Richards_Opinion_of_the_Supreme_Court_by_Justice_Acoba
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***FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER*** <br /> C. <br /> The County' s third objection is that Appellant' s <br /> argument that messenger fees, excise tax, and interest should be <br /> included as costs is without support . <br /> 1 . <br /> First, as to messenger fees, the County maintains that <br /> " [a] bsent extraordinary circumstances, the cost of `messenger <br /> fees for the routine task of delivering a party' s documents to <br /> court is categorically outside the concept of costs [ , ] '" (quoting <br /> Hawaii Ventures LLC v. Otaka Inc. , 116 Hawaii 465, 479, 173 <br /> P. 3d 1122, 1136 (2007 ) ) , and because " [Appellant] has failed to <br /> establish any extraordinary circumstances in using a messenger, <br /> this [c] ourt should deny [Appellant' s] request for messenger <br /> fees . " In Hawaii Ventures, this court agreed with a previous <br /> opinion of the ICA that "the function of delivering documents, as <br /> a general proposition, [is] akin to the other tasks performed by <br /> support staff [ , ] " and, therefore, "except in the rare <br /> circumstance where the need in a particular case is extraordinary <br /> in its volume or nature, the cost of this function . . is <br /> treated as overhead. " Id. at 480, 173 P. 3d at 1137 (quoting <br /> Kikuchi v. Brown, 110 Hawaii 204 , 213, 130 P. 3d 1069, 1078 (App. <br /> 2006) ) . <br /> Appellant has not made any claim that the messenger <br /> services necessary in this case were for some reason <br /> extraordinary. Instead, Appellant makes the same argument <br /> 19 <br />
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