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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 /> Pre-judgment interest may be awarded under HRS § 636-16 <br /> in the court' s discretion "when the issuance of judgment is <br /> greatly delayed for any reason. " Tri-S Corp. , 110 Hawaii at <br /> 498 , 135 P. 3d at 107 (emphasis added) . Because HRS § 636-16 <br /> allows specifically for the "awarding [of] interest in civil <br /> cases" (emphasis added) , the County' s argument that it should be <br /> limited to those arising from tort or contract is belied by the <br /> plain language of the statute . See Metcalf v. Voluntary <br /> Employees' Ben. Assn of -Hawaii, 99 Hawaii 53, 61, 52 P. 3d 823, <br /> 831 (2002) (stating that, " [u] nder HRS § 636-16, courts in all <br /> civil cases have the discretion to award pre-judgment interest" <br /> and because the instant case "was a civil case, nothing in the <br /> statute prohibits awarding pre-judgment interest" (emphasis <br /> added) ) . This court has recognized that " [t] he purpose of [HRS <br /> 636-16] is to allow the court to designate the commencement <br /> date in order to correct injustice when a judgment is delayed for <br /> a long period of time for any reason, including litigation <br /> delays . " Tri-S Corp. , 110 Hawaii at 498, 135 P. 3d at 107 <br /> (internal quotation marks and citation omitted) . Appellant has <br /> not asserted that there has been any lengthy delay in the <br /> issuance of the judgment of attorneys' fees or costs in this <br /> appeal . Therefore, Appellant' s request for prejudgment interest <br /> is denied. <br /> 23 <br />
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