Laserfiche WebLink
PLAINTIFF-APPELLEE COUNTY OF HAWAI`I'S MEMORANDUM IN OPPOSITION <br /> i <br /> TO DEFENDANT-APPELLANT'S REQUEST FOR STATUTORY DAMAGES <br /> Plaintiff-Appellee County of Hawaii ("County"), by and through its undersigned <br /> counsel, hereby opposes Defendant-Appellant C&J Coupe Family Limited Partnership's <br /> ("Coupe") Request for Statutory Damages as follows: E <br /> I. INTRODUCTION <br /> On February 8, 2008, Coupe fled its Notice of Appeal in Civil No. 00-1-181K of the <br /> i <br /> denial of the Motion for Statutory Damages on the grounds that the trial court is deemed to have E <br /> denied the motion by not Wiling on it within 90 days pursuant to Rule 4(a)(3), Hawaii Rules of <br /> Appellate Procedure("HRAP"). (Record on Appeal, Volume 43, Document 00542). On <br /> . E <br /> December 24, 2008, this Court filed its Opinion which held that Coupe is entitled to damages <br /> under Hawaii Revised Statutes ("HRS") § 101-27, including reasonable attorneys' fees. ' <br /> See page 14 of the Opinion. <br /> Pursuant to Rule 39, HRAP, and HRS § 101-27, Coupe seeks an award of attorney's fees <br /> and costs in the following amounts: $45,383.50 for attorneys' fees; $5,775.59 for total costs <br /> (including messenger fees of$60.00, legal research costs of$2,115.61, and $2,369.00 for <br /> copying costs at 20¢ per page); $2,098.07 for general excise tax; and$1,900.35 for interest on <br /> the fees amount. <br /> "Generally, under the `American Rule,' each party is responsible for paying his or her <br /> own litigation expenses." DFS Group L.P. v. Paiea Properties, 110 Hawaii 217, 219, 131 P.3d <br /> 500, 502 (2006) (citations and internal quotation marks omitted). Consequently, "[n]o attorneys' <br /> fees may be awarded as damages or costs unless as provided by statute, stipulation, or <br /> agreement." Food Pantry, Ltd. v. Waikiki Business Plaza, Inc., 58 Haw. 606, 618, 575 P.2d 869, <br /> 1 ' <br /> I <br /> 2 <br />