Oral Arguments before the Intermediate Court of Appeals
No. 28980, Wednesday, June 22, 2011, 10:00 a.m.
DAVID T. LOW, Plaintiff-Appellee, v. MARIE MINICHINO, Defendant-Appellant.
Attorney(s) for Defendant-Appellant
Gary Victor Dubin and Long H. Vu (Dubin Law Offices)
Attorney(s) for Plaintiff-Appellee
Meyer M. Ueoka
COURT: Nakamura, CJ; Leonard, and Ginoza, JJ.
SPECIAL NOTE: The above argument will take place in the Supreme Court courtroom on the Second Floor of Ali`iolani Hale, 417 South King Street, Honolulu, Hawai`i.
Defendant-Appellant Marie Minichino (Minichino) appeals from the December 26, 2007 Final Judgment (Judgment) of the Circuit Court of the Second Circuit (Circuit Court), which entered judgment on: (1) an Order Denying Motion to Vacate Arbitration Award and for Fees and Costs Filed on August 3, 2007; and (2) an Order Confirming Arbitration Award. On appeal, Minichino maintains that the Circuit Court erred in failing to vacate the award for fraud or violation of public policy resulting from Plaintiff-Appellee David T. Low’s (Low) alleged perjury at the arbitration hearing. In the alternative, Minichino contends that the Circuit Court erred in failing to grant an evidentiary hearing concerning the allegation of fraud. Low argues, in part, that arbitration awards may be vacated only for extrinsic fraud and not intrinsic fraud, such as perjury, falsified evidence, or other false claims arising during the course of the arbitration.