FRANKS v. CITY AND COUNTY OF HONOLULU

No. 15533.

843 P.2d 668 (1993)

Dorothy Zeresta FRANKS, Plaintiff-Appellee, v. CITY AND COUNTY OF HONOLULU, Defendant/Third-Party Plaintiff-Appellant, v. DILLINGHAM CONSTRUCTION PACIFIC, LTD., dba Hawaiian Dredging & Construction Co., Inc.; Oahu Construction Co., Inc.; Defendants-Appellees, and Muroda & Associates, Inc.; Ernest K. Hirata & Associates, Inc.; William Hee & Associates, nka Engineers Surveyors Hawaii, Inc.; Soils International; and Smith, Young & Hida, Inc., nka Smith Young & Associates, Inc., Third-Party Defendants-Appellees, and Kuliouou Valley Associates; Kikuo Yanagi; Blackfield Hawaii Corporation; Excel Realty, Inc.; Hoapili & Partners, nka Independent Truckers & Associates; Kuro Builders, Inc.; Hawaii Housing Authority of the State of Hawaii; Housing Finance Development Corporation of the State of Hawaii; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Entities 1-50; and Doe Governmental Units 1-50, Defendants.

Supreme Court of Hawaii.

January 20, 1993.


Attorney(s) appearing for the Case

Robin M. Kishi, Deputy Corp. Counsel, Honolulu, for defendant/third-party plaintiff-appellant City and County of Honolulu.

Neil F. Hulbert and John H. Donegan of Hong, Iwai, Hulbert & Kawano, Honolulu, for third-party defendant-appellee Engineers Surveyors Hawaii, Inc.

Bruce M. Ito and Diane W. Wong of Libkuman, Ventura, Ayabe, Chong & Nishimoto, Honolulu, for third-party defendant-appellee Soils Intern.

Before MOON, Acting C.J., LEVINSON, J., BURNS, Intermediate Court of Appeals Chief Judge, in place of LUM, C.J., recused, HEEN, Intermediate Court of Appeals Associate Judge, in place of KLEIN, Associate Justice, recused, and SPENCER, Circuit Court Judge, in place of WATATSUKI, Associate Justice, recused, deceased.


MOON, Justice.

Defendant/third-party plaintiff-appellant City and County of Honolulu (City) appeals from the orders 1) denying its motion to declare its claim unsuitable for action before the Design Professional Conciliation Panel (DPCP) and 2) granting third-party defendant-appellee Engineers Surveyors Hawaii, Inc.'s (ESH) motion to dismiss the City's third-party complaint, in which third-party defendant-appellee Soils International (Soils) joined. On appeal, the...

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