[§673-5] Attorney's fees and costs.
(a) In any action under this chapter, the court shall, upon a specific finding
that a non-prevailing party's claim or defense was frivolous, assess against
such party and award to the prevailing party, and enter as part of its order or
judgment, a reasonable sum for costs and expenses incurred, including
reasonable attorney's fees.
(b) In any action brought under this chapter
in which there is no finding by the court that the claims pled were frivolous
the court may, as it deems just, award to a prevailing plaintiff and enter as a
part of its order or judgment, a reasonable sum for costs and expenses
incurred, including reasonable attorney's fees. [L 1988, c 395, pt of §2]
Cross References
Vexatious litigants, see chapter 634J.
Notes of Decisions
Nelson v. Hawaiian Homes Comm'n, 307 P.3d 142 (Haw. 2013).
· cites it 2× “, HRS § 673-5(b) (1993) (“In any action brought under this chapter in which there is no finding by the court that the claims pled were frivolous the court may, as it deems just, award to a prevailing plaintiff and enter as a part of its order or judgment, a reasonable sum for…”
Kanahele v. State., 549 P.3d 275 (Haw. 2024).
“will be asking for all allowable judicial remedies pursuant to HRS chapter 673, including reasonable attorneys’ fees pursuant to HRS 673-5, if the aforementioned officials fail to initiate the appropriate corrective actions to address these trust breaches.”
Nelson v. Hawaiian Homes Comm'n (Haw. 2013).
· cites it 2× “, HRS § 673-5(b)(1993)(“In any action brought under this chapter in which there is no finding by the court that the claims pled were frivolous the court may, as it deems just, award to a prevailing plaintiff and enter as a part of its order or judgment, a reasonable sum for…”
— Haw. Rev. Stat. § 673-5(b) — 1 case
Nelson v. Hawaiian Homes Comm'n, 307 P.3d 142 (Haw. 2013).
“, HRS § 673-5(b) (1993) (“In any action brought under this chapter in which there is no finding by the court that the claims pled were frivolous the court may, as it deems just, award to a prevailing plaintiff and enter as a part of its order or judgment, a reasonable sum for…”
— Haw. Rev. Stat. § 673-5(b)(1993) — 1 case
Nelson v. Hawaiian Homes Comm'n (Haw. 2013).
“, HRS § 673-5(b)(1993)(“In any action brought under this chapter in which there is no finding by the court that the claims pled were frivolous the court may, as it deems just, award to a prevailing plaintiff and enter as a part of its order or judgment, a reasonable sum for…”
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