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SMITH v. CHANEY BROOKS REALTY, INC.

No. 15876.

865 P.2d 170 (1994)

Jerald H. SMITH and Kathleen Smith, Plaintiffs-Appellants, v. CHANEY BROOKS REALTY, INC., a Hawai'i corporation, dba Chaney Brooks & Company and Royal Kahana Association of Apartment Owners, Defendants-Appellees, and John Does 2-10, John Doe Partnerships 1-10, John Doe Corporations 1-10, and John Doe Governmental Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawaii.

January 21, 1994.

Attorney(s) appearing for the Case

Matthew N. Padgett and Elizabeth B. Padgett (Padgett and Padgett, of counsel), on the brief, Wailuku, Maui, for plaintiffs-appellants.

Kevin S.C. Chang and Cora I. O'Donnell (Watanabe, Ing & Kawashima, of counsel), on the brief, Honolulu, for defendant-appellee Chaney Brooks & Co.

Mark S. Kawata (formerly of Tanaka & Kawata, on the brief), Honolulu, for defendant-appellee Association.

Before BURNS, C.J., HEEN, J., and AIONA, Circuit Judge, in place of WATANABE, Associate Judge, Recused.

HEEN, Judge.

Plaintiff-Appellant Jerald H. Smith (Jerald) and Kathleen Smith (Kathleen), husband and wife (collectively Plaintiffs where appropriate), appeal from summary judgments (Judgments) entered in favor of Defendant-Appellee Association of Apartment Owners of the Royal Kahana (Association) on December 12, 1991, and Defendant-Appellee Chaney Brooks Realty, Inc., dba Chaney Brooks & Co. (Chaney), Royal Kahana Condominiums' (RKC) "managing agent" for "fiscal...

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