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SCHUBERT v. SALUNI

No. 15628.

855 P.2d 858 (1993)

David J. SCHUBERT, Plaintiff-Appellee, v. Tevita Finau SALUNI and Lupe Manupuna Saluni, Defendants-Appellants.

Intermediate Court of Appeals of Hawaii.

July 30, 1993.

Attorney(s) appearing for the Case

Roger C. Lerud, on the briefs, Honolulu, for defendants-appellants.

Leland B.T. Look, on the briefs, Honolulu, for plaintiff-appellee.

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

PER CURIAM.

The principal question on appeal is whether, in a summary possession action, where the district court granted the defendants' motion to dismiss the case on jurisdictional grounds, the defendants were "successful parties" entitled to an award of attorney's fees under Hawaii Revised Statutes (HRS) § 607-17 (1985). A subordinate question is whether such defendants were entitled to an allowance of costs. We conclude that such defendants were not entitled...

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