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ASS'N OF OWNERS v. SWINERTON & WALBERG CO.

No. 10339.

705 P.2d 28 (1985)

ASSOCIATION OF OWNERS OF KUKUI PLAZA, an unincorporated Hawaii association, by its Board of Directors, Plaintiff-Appellee, v. SWINERTON & WALBERG CO., a foreign corporation, Defendant-Appellant, and Associated Steel Workers, Ltd., a Hawaii corporation; Kamaaina Roofing, Inc., a Hawaii corporation; D. Zelinsky & Sons of Hawaii, Inc., a Hawaii corporation; the Consolidated Corp., a Hawaii corporation; and Mike's Painting and Waterproofing Company, Ltd., through its trustees, Stamatios Mertyris, Frank K.H. Kim, and Nalani Mertyris, Defendants-Appellees, and John Does 1-10; Jane Does 1-10; Doe Corporations 6-10; Doe Partnerships 1-10; Doe Joint Ventures 1-10; Sovereignty "X"; Sovereignty "Y"; and Eleemosynary Corporation "Z", Defendants and SWINERTON & WALBERG CO., Third-Party Plaintiff-Appellant, v. ASSOCIATED STEEL WORKERS, LTD., a Hawaii corporation; Kamaaina Roofing, Inc., a Hawaii corporation; D. Zelinsky & Sons of Hawaii, Inc., a Hawaii corporation; and the Consolidated Corp., a Hawaii corporation, Third-Party Defendants-Appellees, and D. ZELINSKY & SONS OF HAWAII, INC., a Hawaii corporation, Third-Party Defendant, Counterclaimant-Appellee, v. SWINERTON & WALBERG CO., a foreign corporation, Third-Party Plaintiff, Counter-Defendant-Appellant, and D. ZELINSKY & SONS OF HAWAII, INC., a Hawaii corporation, Third-Party Defendant, Crossclaimant-Appellee, v. ASSOCIATED STEEL WORKERS, LTD., a Hawaii corporation; Kamaaina Roofing, Inc., a Hawaii corporation; and the Consolidated Corp., a Hawaii corporation, Third-Party Defendants, Cross-Defendants-Appellees.

Supreme Court of Hawaii.

Reconsideration Denied August 27, 1985.

Attorney(s) appearing for the Case

David Schulmeister, Honolulu (C. Michael Hare & Lorraine H. Akiba, Honolulu, with him on the briefs; Cades, Schutte Fleming & Wright, Honolulu, of counsel) for appellant Swinerton & Walberg Co.

G. Stephen Elisha, Honolulu (Richard A. Franklin & Mark T. Ichiyama, Honolulu, with him on the brief; Dinman, Nakamura, Elisha & Nakatani, Honolulu, of counsel), for appellee Assn. of Owners of Kukui Plaza.

Before LUM, C.J., and NAKAMURA, PADGETT, HAYASHI and WAKATSUKI, JJ.

NAKAMURA, Justice.

Swinerton & Walberg Co. (Swinerton) appeals from an order denying its Motion to Stay Proceedings Pending Arbitration and For Order Compelling Arbitration of the claims brought against it by the Association of Owners of Kukui Plaza (the Association). Though the order did not conclude the dispute between the parties, it was nevertheless a final, appealable order. And we think the circuit court erred in not compelling arbitration.

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