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ROGERS v. PEDRO

No. 7975.

642 P.2d 549 (1982)

Barbara ROGERS, Alfred K. Smythe, Donald K. Smythe, and Timothy K. Smythe, Plaintiffs-Appellees, v. Samuel PEDRO, Leimomi Nip Pedro, and Magoon Estate, Limited, Defendants-Appellees, and Peter J. Pedro and Peter Pedro, Jr., Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

Certiorari Denied April 12, 1982.

Attorney(s) appearing for the Case

Leslie S. Fukumoto, Honolulu (Matthew S.K. Pyun and Stephen T. Hioki, Honolulu, on the briefs), Pyun, Kim & Okimoto, Honolulu, of counsel, for defendants-appellants.

Alana W. Lau, Hilo (Yoshio Shigezawa, Honolulu, with her on the brief), for plaintiffs-appellees.

Tom C. Leuteneker, Hilo (Gary R. Phillips, Hilo, with him on the brief), Carlsmith, Carlsmith, Wichman & Case, Hilo, of counsel, for defendant-appellee Magoon Estate Limited.

Mark T. Honda, Wailuku (Richard L. Rost Law Corp., Wailuku, of counsel), for defendants-appellees Samuel Pedro and Leimomi Nip Pedro.

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

HAYASHI, Chief Judge.

In this appeal, appellants seek a reversal of the trial court's judgment that ordered an easement by necessity under Hawaii Revised Statutes (HRS) § 7-1 through a portion of their property. We affirm.

At the outset, we must take note of the appellants' failure to follow Rule 3(b)(5) of Rules of the Supreme Court of the State of Hawaii in their opening brief. In this jurywaived trial, the court entered its written findings of fact...

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