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INDEPENDENCE MORTG. TRUST v. DOLPHIN, INC.

No. 6396.

560 P.2d 488 (1977)

INDEPENDENCE MORTGAGE TRUST, formerly known as USF Investors, a trust organized under the laws of the State of Georgia which has met the requirements of Chapter 207, Part II, Hawaii Revised Statutes and which is entitled to the exemptions and immunities and permitted to engage in the activities provided by that Chapter, Plaintiff-Appellee, v. DOLPHIN, INC., a Hawaii Corporation, et al., Defendants, and Glenn Construction Corporation, a Hawaii Corporation, Defendant-Appellant, and Dolphin, Inc., a Hawaii Corporation, et al., Defendants-Appellees.

Supreme Court of Hawaii.

February 22, 1977.

Attorney(s) appearing for the Case

Tom C. Leuteneker, Hilo (Carlsmith, Carlsmith, Wichman & Case, Hilo, of counsel), for plaintiff-appellee.

Lawrence I. Weisman, Honolulu, for defendant-appellant.

Before RICHARDSON, C.J., and KOBAYASHI, OGATA, MENOR and KIDWELL, JJ.

PER CURIAM.

Plaintiff-appellee Independence Mortgage Trust has moved to dismiss the appeal by defendant Glenn Construction Corporation (hereinafter Glenn). The motion is based on two grounds: (1) that this court lacks jurisdiction of the appeal due to an untimely filing by Glenn of the notice of appeal, and (2), that even if there is jurisdiction, the court in the exercise of its discretion under HRCP Rule 73(a) should dismiss the appeal because of Glenn's flagrant...

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