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BAGALAY v. LAHAINA RESTORATION FOUNDATION

No. 6199.

588 P.2d 416 (1978)

Alipio BAGALAY, an incompetent person, by his guardian, Beatrice Bedoya, Plaintiff-Appellant, v. The LAHAINA RESTORATION FOUNDATION, County of Maui, and State of Hawaii, Defendants-Appellees.

Supreme Court of Hawaii.

December 15, 1978.

Attorney(s) appearing for the Case

B. Martin Luna and Antonio Ramil, Wailuku, Maui, for plaintiff-appellant.

William C. McCorriston, Honolulu (Goodsill, Anderson & Quinn, Honolulu, of counsel), for defendants-appellees Lahaina Restoration Foundation and State of Hawaii.

David Nakamura, Deputy Corp. Counsel, Wailuku, Maui (Ernest K.C. Ching, Deputy County Atty., on brief), County of Maui, for defendants-appellees.

Before RICHARDSON, C.J., KOBAYASHI, OGATA, and MENOR, JJ., and FUKUSHIMA, Circuit Judge, in place of KIDWELL, J., disqualified.

KOBAYASHI, Justice.

Alipio Bagalay, an incompetent person, by his guardian, Beatrice Bedoya (appellant), appeals from an order of the Circuit Court of the Second Circuit dismissing appellant's complaint for failure to file a proper statement of readiness in violation of Rule 12(f), Rules of the Circuit Courts, and for failure to make a timely substitution of parties in violation of Rule 25(a)(1), Hawaii Rules of Civil Procedure (H.R.C.P.). We reverse.

ISSUES...

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