4000 OLD PALI ROAD PARTNERS v. LONE STAR OF KAUAI, INC.

No. 15675.

862 P.2d 282 (1993)

4000 OLD PALI ROAD PARTNERS, a Hawaii general partnership, Plaintiff-Appellee, v. LONE STAR OF KAUAI, INC., a Hawaii corporation, doing business as Jimmy's Grill, Lone Star Kauai, a Hawaii general partnership, doing business as Jimmy's Grill, Richard Jasper, aka Rich Jasper, James Jasper II, aka Jim Jasper, Jr., James T. Jasper, Jennifer Jasper, John Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, and Doe Entities 1-10, Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

Certiorari Granted November 23, 1993.

Appeal Dismissed November 26, 1993.


Attorney(s) appearing for the Case

Edward A. Jaffe (with him on the briefs David Waters, Shana K. Chung and Stephanie A. Chin, Torkildson, Katz, Jossem, Fonseca, Jaffe, Moore & Hetherington, of counsel), Honolulu, for defendants-appellants.

Susan Jameson (with her on the brief Calvin K. Murashige, Shiraishi Yamada & Murashige, of counsel), Lihue, Kauai, for plaintiff-appellee.

Before BURNS, C.J., HEEN, J., and SHIMABUKURO, Circuit Judge, in place of WATANABE, J., recused.


BURNS, Chief Judge.

Plaintiff 4000 Old Pali Road Partners (4000 OPRP) is the owner of the Hee Fat Marketplace (HFM) in Kapaa, Kauai. Defendant-Counterclaimant Lone Star of Kauai, Inc. (LSKI), is the lessee of space in the HFM in which it operates a restaurant and cocktail lounge under the name "Jimmy's Grill." Defendants Richard Jasper (Richard) and Jimmy Jasper, Jr. (Jimmy) are officers, directors, and shareholders of LSKI and guarantors of LSKI's performance of...

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