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LOTHSPEICH v. SAM FONG

No. 9978.

711 P.2d 1310 (1985)

Charles Allen LOTHSPEICH and Dorothy M. Lothspeich, Plaintiffs-Appellees, v. Bert SAM FONG, Primrose Sam Fong, and Bank of Hawaii, Defendants, and Bert SAM FONG and Primrose Sam Fong, Third-Party Plaintiffs, v. Lorenzo DELA CRUZ, Josefina Dela Cruz, Reynante Tagorda, Antonio Camcam, and John Does 1-10, Third-Party Defendants, and Roy Y. Yempuku, Appellant. Lorenzo DELA CRUZ and Josefina Dela Cruz, Plaintiffs, v. SECURITY TITLE CORPORATION, a Hawaii corporation, Bert Sam Fong and Primrose Sam Fong, Defendants, and Bert SAM FONG and Primrose Sam Fong, Third-Party Plaintiffs, v. Reynante TAGORDA, Antonio Camcam, and John Does 1-10, Third-Party Defendants.

Intermediate Court of Appeals of Hawaii.

Reconsideration Denied December 12, 1985.

Attorney(s) appearing for the Case

Timothy Jaress, William L. Goo, with him on briefs, Honolulu, for appellant Roy Y. Yempuku.

Dennis Niles, William M. McKeon, with him on brief, Paul, Johnson & Alston, of counsel, Wailuku, Maui, for plaintiffs-appellees Charles Allen and Dorothy M. Lothspeich.

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

HEEN, Judge.

Defendants' counsel, Roy Y. Yempuku (Yempuku), appeals the lower court's order that he pay to Plaintiffs their deposition expenses of $117.02 and attorney's fees of $1,000.1 We find error and vacate the order.

This case began as an action to foreclose an agreement of sale of real property between Plaintiffs as sellers and Defendants Bert Sam Fong (Bert) and Primrose Sam Fong (collectively Defendants) as buyers.

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