MEDIA FIVE LTD. v. YAKIMETZ

Nos. 7207, 7227.

631 P.2d 1211 (1981)

MEDIA FIVE LIMITED, Lienor-Appellant, v. William YAKIMETZ, William Basiliadas, Caesar's Steak and Pizza House, Inc., a Hawaii corporation, Owners-Appellees, and Discovery Foods Services, Inc., Owner, and Waikiki Shopping Plaza Limited Partnership, a Hawaii limited partnership, Fee Owner and Lessee-Appellee, and Fong Inn Estate, Limited, a Hawaii corporation, Fee Owner and Lessor, and Rehm and Darcey Builders, a Hawaii general partnership, General Contractor, and Honolulu Federal Savings and Loan Association, a Federal Savings and Loan Association, Mortgagee of Fee Owner, Mortgagee of Lessee of Fee Owner, Respondents. REHM AND DARCEY BUILDERS, a Hawaii general partnership, Lienor-Appellant, v. William YAKIMETZ, William Basiliadas, Caesar's Steak and Pizza, Limited, dba Caesar's Steak and Pizza House, Inc., a Hawaii corporation, and Discovery Foods Services, Inc., Owners, Waikiki Shopping Plaza Limited Partnership, a Hawaii limited partnership (as to "First" and "Third"), and Fong Inn Estate, Limited, a Hawaii corporation (as to "Second"), Fee Owners-Appellants, Waikiki Shopping Plaza Limited Partnership, a Hawaii limited partnership (as to "Second"), Lessee of Fee Owners and Appellant, Honolulu Federal Savings and Loan Association, a Federal Savings and Loan Association, Mortgagee of Fee Owner, (as to "First" and "Third"), Mortgagee of Lessee of Fee Owner (as to "Second"), Respondents.

Intermediate Court of Appeals of Hawaii.

August 7, 1981.


Attorney(s) appearing for the Case

James H. Lawhn, Honolulu (Stubenberg, Roney, Hartnett, Lawhn, Fong & Kuwasaki, Honolulu, of counsel), for lienor-appellant Media Five Limited.

Jack Schweigert, Honolulu (Peter Kent, Honolulu on the briefs), for lienor-appellant Rehm and Darcey Builders.

Marvin S.C. Dang, Honolulu (Susan Tamura Sato, Honolulu on the briefs; Davis & Playdon, Honolulu, of counsel), for owners-appellees.

Clinton Ching, Honolulu (Vernon F.L. Char and George T. Okamura, Honolulu, on the briefs; Damon, Key, Char & Bocken, Honolulu, of counsel), for appellees fee owner, lessee and fee owners and lessor and fee owner.

Before HAYASHI, C.J., and PADGETT and BURNS, JJ.


PADGETT, Judge.

These two cases were consolidated for argument since they involve common questions of law and fact. The question presented is whether the court below should have allowed the attachment of the mechanic's and materialman's liens claimed by appellants to the interests of Appellees Waikiki Shopping Plaza Limited Partnership (Plaza) and Fong Inn Estate, Limited (Fong Inn) in the real property on which Plaza was built. We hold that the liens should have...

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