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FUKUNAGA v. FUKUNAGA

No. 14066.

800 P.2d 618 (1990)

Warren Morio FUKUNAGA, Plaintiff-Appellee, v. Gail Yooko FUKUNAGA, Defendant-Appellant, and Geneva Chiyono Fukunaga, Dalwin Hiroshi Fukunaga, the Heirs, Devisees and Assigns of Lawrence Masakazu Fukunaga, Honfed Bank, a Federal Savings Bank, First Hawaiian Bank, First Interstate Bank, State of Hawaii, and City and County of Honolulu, Defendants-Appellees, and John Does 1-50, Jane Does 1-50, John Doe Corporations 4-10, John Doe Partnerships 1-10, Doe Governmental Entities, and all Whom it May Concern, Defendants.

Intermediate Court of Appeals of Hawaii.

October 26, 1990.

Attorney(s) appearing for the Case

Robert M. Ehrhorn, Jr. (Craig G.H. Yim with him on the opening brief; Okumura Takushi Funaki & Wee, Attorneys at law, A Law Corp., of counsel), Honolulu, for defendant-appellant.

Susan Y.M. Chock (Leroy T. Kuwasaki, Jr. with her on the brief; Leroy T. Kuwasaki, Jr., A Law Corp., of counsel), Honolulu, for plaintiff-appellee.

Philip S. Uesato, Honolulu, for defendant-appellee Geneva Chiyono Fukunaga.

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

TANAKA, Judge.

In a partition action, the circuit court entered a partial summary judgment in favor of plaintiff Warren Morio Fukunaga (Plaintiff or Warren), ordering the sale of a 5,311 square foot residential property (Property), and appointing a commissioner to conduct the sale.1 Defendant Gail Yooko Fukunaga (Gail) appeals, contending that a genuine issue of material fact exists as to whether Plaintiff has a joint tenancy fee interest...

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