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CIVIC REALTY, INC. v. DEVELOPMENT, INC.

No. 8005.

641 P.2d 1361 (1982)

CIVIC REALTY, INC., a Hawaii corporation, and J. Tamashiro, Inc., a Hawaii corporation, Plaintiffs, v. DEVELOPMENT, INC., a Hawaii corporation, R & F Enterprises, Ltd., a Hawaii corporation, James Masayoshi Higa, Merle Nobue Higa, Ella Brockie Ackerman, Hawaii Escrow & Title, Inc., a Hawaii corporation, and American Title Insurance Company of Miami, Florida, a Florida corporation, Defendants. Ella Brockie ACKERMAN, Defendant and Third-Party Plaintiff-Appellee, v. Patricia Jean VALDEZ, Third-Party Defendant-Appellant, and Victoria Ward, Limited, a Hawaii corporation, Security Title Corporation, a Hawaii corporation and Gloria Alston Ethridge, Third-Party Defendants.

Intermediate Court of Appeals of Hawaii.

Certiorari Denied April 5, 1982.

Attorney(s) appearing for the Case

Jack C. Morse, Honolulu, for defendant and third-party plaintiff-appellant.

Daral G. Conklin, Honolulu (Conklin, Schneider & Love, Honolulu, of counsel), for third-party defendant-appellee.

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

PADGETT, Judge.

This is an appeal from an order denying the award of attorney's fees to the third-party defendant/appellant against the defendant and third-party plaintiff/appellee. We affirm.

Appellee's amended complaint below claimed that, as a result of mutual mistake, she had conveyed a parcel of land not intended to be conveyed to appellant and that as a result of appellant's refusal to correct the mistake, appellee had been made a defendant in the instant...

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