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Enos v. Pacific Transfer & Warehouse Inc.9/26/1995
is no indication that Fukumoto knew that the supersedeas bond had been approved on July 15 and yet waited until July 26 to withdraw the motion for examination. In fact, Luke herself, at least as of July 18, did not know of the bond's approval. There is nothing in the record to indicate that Fukumoto was aware that the bond had actually been approved and posted prior to July 21, 1994, when he received a copy of Pacific Transfer's motion for sanctions to which the filed bond was appended.
Although Fukumoto had the statutory authority to pursue enforcement of a judgment pending an approval of a supersedeas bond, we acknowledge that Fukumoto's conduct pushed the limits of common courtesy and civility. Nevertheless, there is nothing in the record that convinces us that Fukumoto's conduct was "tantamount to bad faith." Kukui Nuts, 6 Haw. App. at 436, 726 P.2d at 272 (citation omitted). We therefore hold that, even under the court's inherent power to issue sanctions, the circuit court abused its discretion in sanctioning Fukumoto.
III. Conclusion
Based on the foregoing, we reverse the circuit court's order imposing sanctions against Fukumoto.
Ronald T.Y. Moon
Robert G. Klein
Steven H. Levinson
Paula A. Nakayama
Mario R. Ramil
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