Preview:

*** NOT FOR PUBLICATION *** NO. 23583

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

PAUL M. GAMBOA, Plaintiff-Appellant, vs. LILLIAN KOLLER,1 Director, Department of Human Services, State of Hawai#i, Defendant/Third Party Plaintiff-Appellee, and TOMMY G. THOMPSON,2 Secretary of Health and Human Services, Defendant/Third Party Defendant-Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 92-1846) SUMMARY DISPOSITION ORDER Moon, C.J., Levinson, Nakayama, Acoba, and Duffy JJ.) The plaintiff-appellant Paul M. Gamboa appeals from the June 13, 2000 judgment of the first circuit court, the Honorable Eden Elizabeth Hifo presiding, against Gamboa and in favor of the defendant/third-party plaintiff-appellee Lillian Koller, Director, Department of Human Services (DHS), State of Hawai#i, and the defendant/third-party defendant-appellee Tommy G. Thompson, Secretary of the federal Department of Health and Human Services (DHHS). On appeal, Gamboa contends: (1) that the

(By:

1 Pursuant to Hawai#i Rules of Appellate Procedure (HRAP) Rule 43(c)(1) (2000), Lillian Koller is substituted for Susan M. Chandler and Winona E. Rubin, the former Directors of the Department of Human Services, State of Hawai#i.

Pursuant to HRAP Rule 43(c)(1) (2000), Tommy G. Thompson is substituted for Dr. Louis W. Sullivan and Donna E. Shalala, the former Secretaries of Health and Human Services.

2

*** NOT FOR PUBLICATION *** circuit court erred in finding that the "automobile equity exemption" established in 45 Code of Federal Regulations (C.F.R.)

Download Gamboa v. Koller.pdf

Hawaii Law