Leary v. Robert’s Hawaii — court corrected its prior opinion

Case
Gene Arthur Leary, Jr., in his capacity as Trustee of the Edward J. Sax Family Protection Trust dated November 20, 2018 v. Robert’s Hawaii Inc.
Court
Hawaii Intermediate Court of Appeals
Judge
Nakasone, Chief Judge; Hiraoka, Judge; Guidry, Judge
Date Decided
August 31, 2026
Docket No.
CAAP-24-0000394
Topics
appellate procedure; opinion correction; trust dispute
Source
Read the full opinion

Background

Gene Arthur Leary, Jr., acting as trustee of the Edward J. Sax Family Protection Trust, was the claimant-appellee in an appeal brought by Robert’s Hawaii Inc. The appeal came from the Circuit Court of the First Circuit, Case No. 1CSP-23-0001192.

The Intermediate Court of Appeals issued an opinion on April 28, 2026. This order addresses corrections to that previously issued opinion; it does not resolve the merits of the underlying dispute anew.

The Court’s Holding

The court ordered two corrections to its April 28 opinion. First, it deleted the citation “[OB @ 20]” from page 9, line three from the bottom.

Second, it removed underlining from bracketed footnote 6 in a block quotation on page 12. The clerk was directed to notify publishing agencies of the changes.

Key Takeaways

  • The order corrects the prior appellate opinion without altering a stated merits ruling.
  • The page 9 record-reference notation “[OB @ 20]” is deleted.
  • The formatting of bracketed footnote 6 on page 12 is corrected.

Why It Matters

The order identifies the corrected version of the April 28, 2026 opinion for citation and publication purposes. Lawyers relying on the opinion should use the corrected text.

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