Full Opinion

Electronically Filed Supreme Court SCWC-XX-XXXXXXX 27-JUL-2026 10:53 AM Dkt. 59 ODAC SCWC-XX-XXXXXXX IN THE SUPREME COURT OF THE STATE OF HAWAIʻI ________________________________________________________________ JAMES YEE MARN, JR., as a limited partner of McCULLY ASSOCIATES, a Hawaiʻi registered limited partnership, for and on behalf of McCULLY ASSOCIATES and its limited partners, Respondent/Plaintiff-Appellee, v. McCULLY ASSOCIATES, a Hawaiʻi registered limited partnership; ALA WAI INVESTMENT, INC., a Hawaiʻi corporation, as general partner of McCULLY ASSOCIATES, and ERIC Y. MARN, individually and as officer and agent for ALA WAI INVESTMENT, INC., Respondents/Defendants-Appellees, and ALEXANDER Y. MARN, individually and as officer and agent for ALA WAI INVESTMENT, INC., Petitioner/Defendant-Appellant. (CAAP-XX-XXXXXXX; CASE NO. 1CC980005371) _______________________________________________________________ CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS ORDER REJECTING APPLICATION FOR WRIT OF CERTIORARI (By: McKenna, Acting C.J., Eddins, J., Circuit Judge Morikone, in place of Devens, C.J., recused, Circuit Judge Kimura, in place of Ginoza, J., recused, and Circuit Judge Costa, assigned by reason of vacancy) Petitioner Alexander Y. Marn’s Applications for Writ of Certiorari, filed on June 16, 2026, is hereby rejected. DATED: Honolulu, Hawaiʻi, July 27, 2026. /s/ Sabrina S. McKenna /s/ Todd W. Eddins /s/ Kevin T. Morikone /s/ Jordan J. Kimura /s/ Brian A. Costa