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Abastillas v. Kekona6/8/1998
was frivolous. The circuit court so ruled, and that ruling was affirmed by the ICA in its summary Disposition order. Inasmuch as the lawsuit was frivolous, it follows logically that the subsequent appeal was also frivolous. See Mestayer v. Wisconsin Physicians Serv. Ins. Corp., 905 F.2d 1077, 1081 (7th Cir. 1990) ("An appeal may be frivolous when it merely restates arguments that the [trial] court properly rejected . . . [or that] were so groundless as to be held sanctionable by the [trial] court." (Citations and internal quotation marks omitted.))
"We are mindful of the argument that [allowing] the assessment of attorneys' fees may have a chilling effect in deterring the filing of law suits based on innovative theories or to modify, extend, or reverse existing law." Coll v. McCarthy, 72 Haw. 20, 33, 804 P.2d 881, 889 (1991). Accordingly, we are reluctant to adopt a rule that accords the appellate courts no discretionary leeway in the assessment of attorney's fees pursuant to the provisions of HRAP Rule 38. However,
awards of attorneys' fees induce people to reconsider and ensure that refusals to surrender do not burden the innocent. They also protect the courts--and derivatively parties in other cases--from impositions on their time.... The court has an interest in the orderly conduct of business, an interest independent of the [opposing party]....
Weinstein v. University of Illinois , 811 F.2d 1091, 1098 (7th Cir. 1987) (citation omitted). This is particularly true where, as here, the appellant has engaged in a pattern of frivolous and vexatious litigation. Therefore, we hold, on the record before us, that the ICA abused its discretion in failing to award the Kekonas reasonable costs and attorney's fees.
VI. Conclusion
For the foregoing reasons, we vacate the ICA's order denying the Kekonas' motion for costs and attorney's fees on appeal and remand this matter to the ICA for determination of reasonable costs and attorney's fees and entry of an order assessing such costs and attorney's fees in favor of the Kekonas and against Abastillas.
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