KANESHIGE v. ROSEHILL

No. 4954.

471 P.2d 529 (1970)

Lincoln Toichi KANESHIGE and Michiko Clare K. Kaneshige, Plaintiffs-Appellees, v. W. Norman ROSEHILL, Jr., Portia Y. Rosehill, Alvin E. Medeiros, Jr., Defendants-Appellants.

Supreme Court of Hawaii.

June 19, 1970.


Attorney(s) appearing for the Case

Felix Maciszewski, Honolulu (Carlsmith, Carlsmith, Wichman & Case, Honolulu, of counsel) for plaintiffs-appellees.

Roger Y. Dewa, Honolulu (Rice & Lee, Honolulu, of counsel) for defendants-appellants, contra.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.


PER CURIAM.

The plaintiffs recovered contractual damages, including a reasonable attorney's fee for the litigation at the circuit court level caused by the defendants' breach of a lease agreement. The defendants appealed from the judgment of the circuit court but failed to file an opening brief during the sixty day period as required in Rule 3(b) of the Rules of the Supreme Court. Consequently, the plaintiffs moved for dismissal of the appeal and, additionally, for...

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