HILO CRANE SERVICE, INC. v. HO

No. 9454.

693 P.2d 412 (1984)

HILO CRANE SERVICE, INC., Plaintiff, v. James G.Y. HO, dba Polynesian Construction Co.; Florence J. Ho; and State of Hawaii, Defendants; and James G.Y. HO, dba Polynesian Construction Co.; and Florence J. Ho, Third-Party Plaintiffs, v. Daniel R. MATSUKAGE; Real Estate Finance Corporation; and Clifford N. Gamble, Third-Party Defendants; and Pacific Standard Life Insurance Company, Third-Party Defendant-Appellant and Cross-Appellee. RODRIGUES PLUMBING, INC., Plaintiff, v. James G.Y. HO; Florence Judith Ho; Midpac Lumber Co., Ltd.; Granger-Pacific, Inc.; Bank of Hawaii; Shield-Pacific, Ltd.; Hilo Crane Service, Inc.; Weacco, Inc.; Harold T. Kurisu; Ken Johnston; State of Hawaii; and United States of America, Defendants; Pacific Standard Life Insurance Company, Defendant-Appellant and Cross-Appellee; and Pacific Standard Investment & Loan, Inc., Defendant-Appellee and Cross-Appellant; MIDPAC LUMBER CO., LTD., Third-Party Plaintiff, v. Noriyoshi MATSUMURA, Third-Party Defendant; and James G.Y. HO and Florence Judith HO, Third-Party Plaintiffs, v. Daniel R. MATSUKAGE; Real Estate Finance Corporation; and Clifford N. Gamble, Third-Party Defendants. TOM OKANO ELECTRIC, INC., a Hawaii corporation, Plaintiff, v. James G.Y. HO, dba Polynesian Construction Company; James G.Y. Ho, General Contractor; James G.Y. Ho and Florence Judith Ho, husband and wife, Lessees; State of Hawaii, by the Department of Land and Natural Resources, Owner of Fee; Midpac Lumber Company, Ltd., a Hawaii corporation, Surety; State of Hawaii, by its Department of Taxation; State of Hawaii, by its Department of Labor and Industrial Relations; Real Estate Finance Corporation, a Hawaii corporation; United States of America, by its United States Attorney for the District of Hawaii; Ken Johnston; Weacco, Inc., a California corporation; Hilo Crane Service, Inc., a Hawaii corporation; and Rodrigues Plumbing, Inc., a Hawaii corporation, Defendants; Pacific Standard Life Insurance Company, an Arizona corporation, Defendant-Appellant and Cross-Appellee; and Pacific Standard Investment and Loan, Inc., a Hawaii Corporation, Defendant-Appellee and Cross-Appellant; and James G.Y. Ho, dba Polynesian Construction Company; James G.Y. Ho, General Contractor; and James G.Y. Ho and Florence Judith Ho, husband and wife, Third-Party Plaintiffs, v. Daniel R. MATSUKAGE and Clifford N. Gamble, Third-Party Defendants.

Intermediate Court of Appeals of Hawaii.

December 21, 1984.


Attorney(s) appearing for the Case

John Jubinsky, Honolulu (Paul S. Aoki and Trudy K. Senda, Honolulu, with him on the briefs; Ashford & Wriston, Honolulu, of counsel), for defendant-appellant and cross-appellee.

Glenn S. Hara, Hilo (Roy Y. Yempuku, Honolulu, with him on the briefs), for defendant-appellee and cross-appellant.

Before BURNS, C.J., TANAKA, J., and DONALD K. TSUKIYAMA, Circuit Judge, in Place of HEEN, J., Excused.


TANAKA, Judge.

In a foreclosure case, defendant Pacific Standard Life Insurance Company (PSLIC) appeals from the judgment subordinating its first mortgage lien to the second and third mortgage liens of Pacific Standard Investment & Loan, Inc., now known as Pacific Loan, Inc. (Pac Loan). Pac Loan cross-appeals from the amended judgment reducing the judgment amount in its favor against defendants James G.Y. Ho (James Ho...

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