K.M. YOUNG & ASSOCIATES v. CIESLIK

No. 8505.

675 P.2d 793 (1983)

K.M. YOUNG & ASSOCIATES, INC., a Hawaii corporation, for itself and as General Partner for Hualalai Holding Co., a registered limited partnership, Plaintiff, v. Manfred CIESLIK and Thomas COSSEY, Defendants, Third-Party Plaintiffs, v. K.M. YOUNG aka Kenny Young, Lanihau Corp., and McClean Ranch Properties, Inc., Third-Party Defendants, and McCLEAN RANCH PROPERTIES, INC., Counter-Claimant, Cross-Claimant, v. K.M. YOUNG & ASSOCIATES, INC., a Hawaii corporation, for itself and as General Partner for Hualalai Holding Co., a registered limited partnership, Cross-Claim Defendant, and Manfred Cieslik and Thomas Cossey, Counterclaim Defendants. K.M. YOUNG & ASSOCIATES, INC., a Hawaii corporation, for itself and as General Partner for Hualalai Holding Co., a registered limited partnership, Plaintiff, v. McCLEAN RANCH PROPERTIES, INC., a California corporation, Defendants. Ronald Eugene LANET, Everett Franklin Shrewsbury, Pherne Craig Shrewsbury and John Dickmeyer, Plaintiffs in Intervention-Appellees, v. McCLEAN RANCH PROPERTIES, INC., a California corporation, K.M. Young & Associates, Inc., a Hawaii corporation, Individually and as General Partner of Hualalai Holding Company, a limited partnership, Ernest A. Wilfong, Gay D. Wilfong and Tamekichi Ishimaru, Defendants in Intervention, and Manfred Cieslik, Defendant in Intervention-Appellant.

Intermediate Court of Appeals of Hawaii.

December 29, 1983.


Attorney(s) appearing for the Case

Glenn K. Sato and Yoshio Shigezawa, Honolulu, on the briefs, for Manfred Cieslik.

S.V. Quitiquit, Kailua-Kona (Cook, Choi, Quitiquit & Crudele, Kailua-Kona, of counsel), on the brief, for plaintiffs in intervention-appellees.

Before BURNS, C.J., and HEEN and TANAKA, JJ.


HEEN, Judge.

Defendant in intervention Manfred Cieslik (Cieslik) appeals from the summary judgment of the court below in favor of plaintiffs in intervention Ronald Eugene Lanet (Lanet), Everett Franklin Shrewsbury, Pherne Craig Shrewsbury (Shrewsbury) and John Dickmeyer (Dickmeyer) (hereinafter collectively referred to as Intervenors). Cieslik raises the following issues on appeal:

(1) Whether the trial court erred in awarding summary judgment; and

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