STROUSS v. SIMMONS

No. 6960.

657 P.2d 1004 (1982)

Charles A. STROUSS dba C.A. Strouss & Assoc., Plaintiff-Appellant, v. Dolly Slaughter SIMMONS, Robert Dean Simmons, U.S. Bancorp Realty and Mortgage Trust, Daniel P.S. Fong, Haruo Fujitomo, Danny Fong's Spreckelsville Hui, a Hawaii limited partnership, Julius Shulman, Inc., and Argonaut Insurance Company, a foreign corporation, Defendants-Appellees, and ARGONAUT INSURANCE COMPANY, Cross-Claimant-Appellee, v. Dolly Slaughter SIMMONS and Robert D. Simmons, Cross-Defendants-Appellees, Woodrum and Staff, Limited, a Hawaii corporation, Edwin T. Murayama, Giovanni K.L. Chung and Albert Chong, Intervenors-Appellees.

Supreme Court of Hawaii.

December 30, 1982.


Attorney(s) appearing for the Case

Richard L. Rost, Wailuku (Richard L. Rost, a Law Corp., Wailuku, of counsel) for plaintiff-appellant.

Robert A. Rowan and William M. Swope, Honolulu (Cades Schutte Fleming & Wright, Honolulu, of counsel) for defendants-appellees U.S. Bancorp Realty and Mortg. Trust.

James W. Boyle and Gerald A. Sumida, Carlsmith, Carlsmith, Wichman & Case, Honolulu, for defendants-appellees Dolly Slaughter Simmons and Robert Dean Simmons.

Walter T. Shimoda, Wailuku, for defendants-appellees Daniel P.S. Fong, Haruo Fujitomo and Danny Fong's Spreckelsville Hui.

Tamotsu Tanaka, Honolulu (Tamotsu Tanaka, a Law Corp., Honolulu, of counsel) for intervenors-appellees Edwin T. Murayama, Giovanni K.L. Chung and Albert Chong.

John Jubinsky, Honolulu (Ashford & Wriston, Honolulu, of counsel) for intervenor-appellee Woodrum and Staff Limited.

Before RICHARDSON, C.J., LUM and NAKAMURA, JJ., and OGATA and MARUMOTO, Retired Justices, assigned temporarily.


PER CURIAM.

This is an appeal by Charles A. Strouss, an individual doing business as C.A. Strouss & Assoc., plaintiff, from an Amended Judgment and Order of Distribution of Proceeds, which was entered by the Second Circuit Court, in a case which arose in connection with a townhouse condominium development, known as Sugar Cove, at Spreckelsville Beach, Wailuku Commons, Maui.

Dolly Slaughter Simmons, wife of Robert Dean Simmons, undertook the development...

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