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TOUCHE ROSS LTD. v. FILIPEK

No. 13310.

778 P.2d 721 (1989)

TOUCHE ROSS LIMITED, Liquidator of Northland Bank, Plaintiff-Appellee, v. Walter FILIPEK, Hilda Filipek, and Edgar Hinman, Defendants-Appellants, and 214142 Holdings Ltd., a Canadian corporation; Thriftway Pharmacy Ltd., a Canadian corporation; Julius Walton; Mamie Walton; James Benedetto; Agnes Benedetto; The Harry Kahuakailani Brown Corporation, a Hawaii corporation; Robert Romer; Ronald Diggins; Richard Beamish; Curci-Turner Co.; John Curci; Louis Turner; Nakamoto, Yoshioka & Okamoto, a Hawaii law corporation; and Joseph W. Andrews, Director of Finance, County of Hawaii, Defendants-Appellees, and W.J. Francl Consulting, Ltd., Intervenor-Defendant-Appellee, and John Does 1-10; and Doe Partnerships, Corporations or Other Entities 1-20, Defendants.

Intermediate Court of Appeals of Hawaii.

July 28, 1989.

Attorney(s) appearing for the Case

Glenn K. Sato (James E. Duffy, Jr., Bruce K. Campbell, and Ward F.N. Fujimoto with him on briefs; Fujiyama, Duffy & Fujiyama, of counsel), Honolulu, for defendants-appellants.

Tom C. Leuteneker (Ivan M. Lui-Kwan, Steven M. Nagata, and John P. Manaut with him on brief; Carlsmith, Wichman, Case, Mukai and Ichiki, of counsel), Honolulu, for plaintiff-appellee.

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

TANAKA, Judge.

This is an appeal from a partial summary judgment in favor of plaintiff-appellee Touche Ross Limited (Touche Ross), Liquidator of Northland Bank (Bank), in a mortgage foreclosure action. Defendants-appellants Walter Filipek (Filipek), Hilda Filipek (Hilda), and Edgar Hinman (Hinman) (collectively Appellants), guarantors of the loans secured by mortgages which were being foreclosed in the action, contend,

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