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PHILLIPS v. BRISEBOIS

No. 14496.

808 P.2d 370 (1991)

Henrietta PHILLIPS, Plaintiff-Appellant, v. Jeffrey P. BRISEBOIS, Brysone K. Nishimoto, R. Electric, Inc., a corporation, Citizens Utilities Company, a Hawaii corporation, and Christine Bryan, Defendants-Appellees.

Supreme Court of Hawaii.

April 12, 1991.

Attorney(s) appearing for the Case

Arthur K. Trask, Jr., Lihue, for plaintiff-appellant.

Joseph N. Kobayashi, Kapaa, attorney of record, for defendant-appellee Nishimoto; no brief filed; supported plaintiff-appellant's position.

Brian R. Jenkins (Rush Moore Craven Sutton Morry & Beh, of counsel), Wailuku, for defendant-appellee Brisebois.

Joinder in answering brief of defendant-appellee Brisebois: Robby H. Rask, Lihue, for defendant-appellee R. Elec., Inc.

Alan M. Oshima (Kiefer, Oshima, Chun, Fong & Chung, of counsel), Honolulu, attorney of record, for defendant-appellee Citizens Utilities Co.; no brief filed.

Before LUM, C.J., and PADGETT, HAYASHI, WAKATSUKI and MOON, JJ.

PER CURIAM.

This court is asked to examine a dismissal with prejudice granted by the circuit court pursuant to Rule 12(b)(6) of the Rules of the Circuit Courts of the State of Hawaii. As such a sanction appears to be too severe under the circumstances, we reverse and remand.

I.

Appellant Henrietta Phillips is the owner of a land-locked parcel. Appellee Jeffrey P. Brisebois1 is...

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