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CLARKIN v. REIMANN

Nos. 7323, 7324.

638 P.2d 857 (1981)

Robert A. CLARKIN, Plaintiff-Appellant, Cross-Appellee, v. August REIMANN, Jr., Defendant-Appellee, Cross-Appellant. Robert A. CLARKIN, Plaintiff-Appellant, Cross-Appellee, v. August REIMANN, Jr., Defendant-Appellee, Cross-Appellant, and Hawaiian Trust Company, Limited, a Hawaii corporation, Trustee under that certain unrecorded Robert A. Clarkin Revocable Living Trust Agreement, dated September 25, 1979, as amended, Party Appellant.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied January 7, 1982.

Certiorari Denied January 11, 1982.

Attorney(s) appearing for the Case

Edward A. Jaffe, Honolulu (Philip J. Leas and Edward R. Brooks, Honolulu, with him on the briefs; Cades, Schutte, Fleming & Wright, Honolulu, of counsel), for plaintiff-appellant, cross-appellee.

Helen R. Ryan, Ryan & Ryan, Honolulu, for defendant-appellee, cross-appellant.

Before HAYASHI, C.J., BURNS, J., and Circuit Judge KATO in place of Associate Judge PADGETT, disqualified.

BURNS, Judge.

These two cases which involve the same parties and adjoining parcels of land were consolidated for trial. In each case the plaintiff lost on his complaint and the defendant lost on his counterclaim. Each party appeals the decisions against him.

Plaintiff Clarkin contends that because of the substantial risk of prejudicial confusion, the lower court abused its discretion by consolidating the two cases for trial, pursuant to Hawaii Rules of Civil...

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