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SANTOS v. PERREIRA

No. 7092.

633 P.2d 1118 (1981)

Joseph SANTOS and Harriet Santos, Plaintiffs-Appellees, v. Charles B. PERREIRA, Edward B. Perreira, Clarence B. Perreira and Benjamin B. Perreira, Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

September 4, 1981.

Attorney(s) appearing for the Case

Andrew S. Iwashita, Kahului (Robert E. Rowland, Honolulu, with him on the briefs; Case, Kay & Lynch, Honolulu, of counsel), for defendants-appellants.

Mark T. Honda, Wailuku (Frank D. Padgett, Honolulu, and Richard L. Rost, Wailuku, with him on the brief), for plaintiffs-appellees.

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

BURNS, Judge.

Plaintiffs-Appellees Joseph and Harriet Santos (Santoses) obtained an injunction prohibiting Defendants-Appellees Charles, Edward, Clarence, and Benjamin Perreira (Perreiras) from obstructing the Santoses' usage of a roadway easement across the Perreiras' property.

We must decide (1) whether the trial court erred in denying the Perreiras' Rule 41(b), Hawaii Rules of Civil Procedure (HRCP), motion for dismissal made at the close of Santoses' evidence...

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