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KUHNERT v. ALLISON

No. 16607.

868 P.2d 457 (1994)

Heinz W. KUHNERT and Sherilyn Marie Kuhnert, Plaintiffs-Appellants, v. Clyde W. ALLISON and Darlene M. Osterman, Defendants-Appellees, and Libbie & Company, Inc., a Hawaii corporation, Marion Libbie Kamisugi, Herbert David Osterman, John Doe 1-5, Doe Corporation 1-5, Doe Partnership 1-5, and Doe Governmental Entity 1-5, Defendants, and State of Hawaii, Real Estate Commission, Respondent-Appellee.

Supreme Court of Hawaii.

February 25, 1994.

Attorney(s) appearing for the Case

Ronald G.S. Au, Honolulu (Connie G.W. Meredith and Gerald H. Kurashima, with him on the briefs), for plaintiffs-appellants.

Sidney K. Ayabe, Honolulu (Rodney S. Nishida, with him on the briefs; of Libkuman, Ventura, Ayabe, Chong & Nishimoto), for defendants-appellees.

Before LEVINSON, Acting C.J., and NAKAYAMA and RAMIL, JJ., Circuit Court Judge MILKS, in place of MOON, C.J., recused, and Circuit Court Judge BLONDIN, in place of KLEIN, J., recused.

RAMIL, Justice.

Plaintiffs-Appellants Heinz and Sherilyn Kuhnert (Kuhnerts) were awarded compensatory and punitive damages in a real estate fraud case. The Kuhnerts are now attempting to collect their punitive damages from the Real Estate Recovery Fund (RERF). Respondent-Appellee State of Hawaii, Real Estate Commission (Commission) contends that the RERF does not provide for the recovery of punitive damages. In the alternative, the Commission argues that the Kuhnerts...

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