COMMERCIAL FINANCE v. AMERICAN RESOURCES

No. 11522.

737 P.2d 1120 (1987)

COMMERCIAL FINANCE, LIMITED, Plaintiff-Appellant, v. AMERICAN RESOURCES, LIMITED, Clifford N. Gamble, Michael F. McCarthy, and Carl J. Bernhardt, Defendants-Appellees, and Hawaiian Life Insurance Co., Ltd., Farwent Federal Savings and Loan Association, Trustees of the Employees' Profit Sharing Plan and Trust of Honolulu Federal Savings and Loan Association, Manoa Shopping Center, Inc., Valley Marketplace-Partners, and George Freitas, Director of Taxation of the State of Hawaii, Defendants, and Pacific Loan, Inc., a Hawaii corporation, Intervenor-Defendant-Appellee.

Intermediate Court of Appeals of Hawaii.

May 26, 1987.


Attorney(s) appearing for the Case

Jack C. Morse, James E. Ross, Gordon D. Nelson, Morse, Nelson & Ross, Honolulu, for plaintiff-appellant.

A. Bernard Bays, James A. Kawachika, Bays, Deaver, Hiatt, Kawachika & Lezek, Honolulu, for defendant-appellee Clifford N. Gamble, Sr.

Peter Donahoe, Honolulu, for defendants-appellees Carl J. Bernhardt, Michael F. McCarthy & American Resource.

Before BURNS, C.J., HEEN and Circuit Judge MOON in place of Associate Judge TANAKA, Disqualified.


BURNS, Chief Judge.

On June 18, 1984 the lower court entered a judgment upon the jury's special verdict in favor of defendants American Resources, Limited (AR), Michael F. McCarthy, Carl J. Bernhardt, and Clifford N. Gamble, Sr. On October 15, 1984 the lower court denied the motion for new trial filed by plaintiff Commercial Finance, Limited (CF), and ordered CF to pay attorney fees in excess of 40 percent of the amount claimed by CF and costs to AR, McCarthy, Bernhardt...

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