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STURKIE v. HAN

Nos. 6796, 6888.

627 P.2d 296 (1981)

H.V. STURKIE, sole trustee of the following trusts: the Hortense Goldman Trust for the benefit of Monte Henry Goldman, the Hortense G. Goldman Trust for the benefit of Alfred Dreyfus Goldman, the Norman Hirschfield Trust for the benefit of Monte Henry Goldman, the Norman Hirschfield Trust for the benefit of Alfred Dreyfus Goldman, the Betty Hirschfield Trust for the benefit of Alfred Dreyfus Goldman, and the Betty Hirschfield Trust for the benefit of Monte Henry Goldman, Plaintiff-Appellee, v. Thomas L. HAN, Defendant-Appellant, and Bank of Honolulu, Defendant-Appellee, and Ralph Engelstad, and First Hawaiian Bank, Trustee for the First Hawaiian Bank Employee's Retirement Plan, Defendants, and R.M.D. Properties, Inc., Intervenor-Defendant-Appellant. and H.V. STURKIE, etc., Plaintiff-Appellee, v. Thomas L. HAN, Defendant-Appellant, and Bank of Honolulu, Defendant-Appellee, Ralph Engelstad, et al., Defendants, and R.M.D. Properties, Inc., Intervenor-Defendant.

Intermediate Court of Appeals of Hawaii.

April 27, 1981.

Attorney(s) appearing for the Case

Jerry A. Ruthruff, Honolulu, for defendant-appellant Han.

Michael F. O'Connor, Wheelon, Ezra, O'Connor & Moon, Honolulu, for intervenor-defendant-appellant RMD.

David W. Proudfoot, Case, Kay & Lynch, Honolulu, for plaintiff-appellee Sturkie.

William H. Dodd, Chun, Kerr & Dodd, Honolulu, for defendant-appellee Bank of Honolulu.

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

BURNS, Judge.

In this case, first mortgagor Thomas L. Han (Han) and his successor-in-interest R.M.D. Properties, Inc. (RMD), a California corporation, appeal the lower court's decree foreclosing their interest in certain real and personal property and its decisions on issues incidental to the enforcement of said decree.

Since these two appeals arise out of one civil case and involve the same dispositive issue, we issue one opinion for both appeals.

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