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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 /> 2009 (Joinder) . On March 5, 2009, Appellant filed an Errata to <br /> Responses to Objections re : Request for Statutory Damages <br /> (Errata) , purportedly to correct certain errors in the Request <br /> and in the Response. For the reasons stated herein, Appellant is <br /> awarded $25, 370 . 55 in fees and $1, 206 . 35 in costs . <br /> I . <br /> A. <br /> Appellant' s Request asked for $45, 383 . 50 in attorneys' <br /> fees plus $2, 098 . 07 in general excise tax on those fees, <br /> $5, 775 . 59 in costs, and prejudgment interest on those fees and <br /> costs in the amount of $1, 900 . 35, all of which it claims to have <br /> incurred pursuant to its appeal in Condemnation 1 . In addition <br /> to those fees and costs, Appellant requests that it recover for <br /> the fees and costs incurred in preparing the Request and the <br /> court-ordered Response . <br /> B. <br /> The County does not dispute that Appellant is entitled <br /> to recover fees and costs on appeal pursuant to HRS § 101-27 . <br /> However, the County objects to the total amount of fees and costs <br /> requested on the grounds that (1) "attorneys' fees and costs for <br /> [the] January 24 , 2008 bill should be denied [, ] " because they <br /> "involved only those services provided prior to the filing of the <br /> Notice of Appeal, " (2) under DFS Group L. P. v. Paiea Properties, <br /> 110 Hawaii 217, 131 P. 3d 500 (2006) , "costs for computer legal <br /> research should be denied [ , ] " (3) "messenger fees, general excise <br /> 4 <br />
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