MYERS v. BEATTY

No. 13334.

777 P.2d 709 (1989)

Roy C. MYERS, Plaintiff-Appellant, v. Douglas Stanley BEATTY, Cindy Beatty, Richard Charles Adler, Barbara Walz Adler and Thomas R. Weightman, Defendants-Appellees, and John Does I-X, et al., Defendants, and Real Estate Commission, Respondent-Appellee.

Supreme Court of Hawaii.

July 27, 1989.


Attorney(s) appearing for the Case

William J. Rosdil (Calvin J. Fukuhara, Hilo, on the briefs), for plaintiff-appellant.

Gary W.K. AuYoung (Sidney K. Ayabe with him on the brief, Libkuman, Ventura, Ayabe, Chong & Nishimoto), Honolulu, for defendant-appellee Real Estate Com'n.

Raymond K. Hasegawa, Honolulu, for defendant-appellee Adler.

Stephen J. Menezes, Hilo, for defendant-appellee Beatty.

Before NAKAMURA, Acting C.J., PADGETT, HAYASHI and WAKATSUKI, JJ., and Intermediate Court of Appeals Associate Judge TANAKA, in place of LUM, C.J., Recused.


PADGETT, Justice.

This is an appeal from an order entered June 23, 1987, denying appellant's motion for an order of payment from the Real Estate Recovery Fund (Fund).

Appellant commenced this case by a complaint filed February 25, 1986, which alleged certain conduct on the part of one Thomas R. Weightman (Weightman) and alleged:

37. Each and/or all of the Defendants herein knew or should have known of the transactions herein, the failure of the AGREEMENT...

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