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HANALEI, BRC INC. v. PORTER

No. 12490.

760 P.2d 676 (1988)

HANALEI, BRC INC., a Hawaii corporation, Plaintiff-Appellant, v. Gary S. PORTER and Toshiko Omi Porter, Defendants-Appellees, and Gary S. PORTER, Third-Party Plaintiff, v. Rick WALL and Syncap, Inc., Third-Party Defendants.

Intermediate Court of Appeals of Hawaii.

August 10, 1988.

Attorney(s) appearing for the Case

Jerry A. Ruthruff, Honolulu, for plaintiff-appellant.

Donald H. Wilson, Lihue (Attorney at Law, A Law Corporation, of counsel), for defendant-appellee Gary S. Porter.

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

TANAKA, Judge.

Plaintiff Hanalei, BRC Inc. (Plaintiff) appeals from the summary judgment dismissing its amended complaint with prejudice. Concluding that defendant Gary S. Porter (Porter) was not entitled to a judgment as a matter of law, we vacate the judgment and remand the case for further proceedings.

FACTS

Viewing the evidence and the reasonable inferences therefrom in the light most favorable to Plaintiff, the non-moving party, Fernandes...

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