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McCARTHY v. YEMPUKU

No. 9199.

678 P.2d 11 (1984)

Michael F. McCARTHY and Curtis J. Bernhardt, Plaintiffs-Appellants, v. Roy Y. YEMPUKU and Shackley F. Raffetto, Defendants-Appellees, and R. Patrick Jaress, John Does 1 through 10, John Doe Partnerships 1 through 10, and John Doe Corporations 1 through 10, Defendants.

Intermediate Court of Appeals of Hawaii.

February 21, 1984.

Attorney(s) appearing for the Case

Allan F. Suematsu, Honolulu (Michael F. McCarthy on opening brief and Boyce R. Brown, Jr., Honolulu, with him on reply brief; Brown & Durant, Honolulu, of counsel), for plaintiffs-appellants.

James F. Ventura, Honolulu (Faye M. Koyanagi, Honolulu, with him on brief; Libkuman, Ventura, Ayabe & Hughes, Honolulu, of counsel), for defendant-appellee Roy Y. Yempuku.

John S. Edmunds, Honolulu (Ronald J. Verga, Honolulu, with him on brief; John S. Edmunds, A Law Corp., Honolulu, of counsel), for defendant-appellee Shackley F. Raffetto.

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

TANAKA, Judge.

Plaintiffs Michael F. McCarthy (McCarthy) and Curtis J. Bernhardt (Bernhardt) (collectively Appellants) appeal the summary judgment in favor of defendants Roy Y. Yempuku (Yempuku) and Shackley F. Raffetto (Raffetto) (collectively Appellees), two attorneys at law, in a defamation action. The issue before us is whether, based on the record in the case, the granting of summary judgment was proper. We answer no and reverse, except that as to Raffetto only...

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