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MOODY v. CAWDREY & ASSOCIATES

No. 10052.

721 P.2d 708 (1986)

Jacqueline MOODY, Russell T. Moody, Jane Dukesherer and John Dukesherer, Plaintiffs-Appellants, v. CAWDREY & ASSOCIATES, INC., a foreign corporation; Mars Constructors, Inc.; Cawdrey-Mars General, a partnership; Hale Kekoa Joint Venture, dba HK-GC Partnership, General Construction Company, jointly dba HK-GC Partnership; Kajioka, Okada & Partners, Inc.; Luko Realty, Ltd.; Aaron M. Chaney, Inc.; Association of Apartment Owners of 1260 Richard Lane; Ernest C. Hickson; and First Hawaiian Development Corporation, Defendants-Appellees, and Howard Bugbee, John Does III-X; John Doe Partnerships I-X; John Doe Corporations II-X; and John Doe Governmental Entities I-X, Defendants.

Intermediate Court of Appeals of Hawaii.

January 24, 1986.

Attorney(s) appearing for the Case

Nathan J. Sult (David L. Turk with him on the brief; David L. Turk, Attorney at Law, a Law Corp., Honolulu, of counsel), for plaintiffs-appellants.

Walter Davis (Archibald C.K. Kaolulo, with him on the brief; Davis, Reid & Richards, of counsel) for defendants-appellees Ass'n of Apartment Owners of 1260 Richard Lane and Aaron M. Chaney, Inc.

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

TANAKA, Judge.

This is an appeal by plaintiffs Russell T. and Jacqueline Moody (Moodys) and John and Jane Dukesherer (Dukesherers) (collectively Appellants) from the summary judgment in favor of defendants Association of Apartment Owners of 1260 Richard Lane (Association) and Aaron M. Chaney, Inc. (Chaney) (collectively Appellees). The appeal raises the following questions of first impression:

1. Whether a condominium owners association and its managing agent...

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