MILLER v. HEIRS OF HIWAULI

No. 10480.

716 P.2d 161 (1986)

Clifford E. MILLER and Annie H. Miller, Plaintiffs-Appellees, v. HEIRS OF Kaeha HIWAULI (w), also known as Kaeha Maluna, Naiheauhau (k), Kaaihue, Heirs of Kealohapauole (k), Kealohapauole, Heirs of Wahinelawaia (w), also known as Annie Wahineilaia Alohikea, Heirs of Estrella Kamau Hulihee (except Mary Mahi), Victor Hulihee, Jr., Philomina Hulihee Manini, Heirs of David Lonoaki Hulihee, Heirs of Libert Hulihee, George Kuakahela Hulihee, Heirs of Victoria Mileka Hulihee Kaiawe, Rosalia Keaka Hulihee Mokuahi, Rosalia Ida Nalu Hulihee Simion, Mileka Hulihee Moke, Heirs of Joseph Hulihee, Heirs of Kimona, also known as Kimeona Kuakahela (except Jacob Kalani Simeona), Annie Moore Kauaihilo, Florence Moore McNamara Kirwin, Thelma Moore Akana Harrison, Anthony S. Carvalho, Administrator C.T.A. of the Estate of Maria Louisa Sea, Violet C. Wight, Archie Stuart Wight, G.P. Hueu, Keaka II, Cecelia Mahi Manuel, Peter Mahi, Felix Mahi, Jr., Margaret Mahi Hose, David Mahi, Julia Mahi, Rachel Mahi, Isabel Mahi, Elizabeth Mahi, Hannah Mahi, John Doe and Richard Roe, and to all Whom it May Concern, Defendants-Appellees, and Florence Mahi Manuel, Defendant-Appellant.

Supreme Court of Hawaii.

March 25, 1986.


Attorney(s) appearing for the Case

Raymond K. Hasegawa, Hilo, for defendant-appellant.

Paul A. Lynch and Mark S. Milker (Case Kay & Lynch, Honolulu, of counsel), for plaintiffs-appellees.

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


PER CURIAM.

This is an appeal from a judgment entered in a quiet title action in the Third Circuit.

The complaint was filed in 1965. It was tried before Circuit Judge Monden in February 1967, however no decision was rendered. In 1973 Circuit Judge S. George Fukuoka was assigned the case and, according to the minutes of February 26, 1973, the parties stipulated orally in open court that he could decide the case on the basis of the transcript of the evidence...

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