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MAUI LAND & PINEAPPLE CO. v. INFIESTO

No. 17126.

879 P.2d 507 (1994)

76 Hawai`i 402

MAUI LAND & PINEAPPLE COMPANY, INC., Plaintiff-Appellee, v. Josephine N. INFIESTO and Marvlee K. Naukana-Gilding, Defendants-Appellants, and Heirs and Assigns of Lohelohe; Heirs and Assigns of Ahuka, Mother of J.W. Naukana; Heirs and Assigns of Nakupala, aka D. Nakupala; Heirs and Assigns of Miki; Heirs and Assigns of Kahele Miki; Heirs and Assigns of Pehu, aka Pehu Recard; Heirs and Assigns of Giles Akane; Heirs and Assigns of Mahuka; Heirs and Assigns of Kaui; Maui Electric Company, Limited; Hawaiian Telephone Company; Federal Land Bank of Sacramento, a corporation; Owners and Occupants of the Adjoining Lands: Annette Hulumai Kaiahua or her Assigns; Paul Pomaikai Manuwa or his Assigns; Annette H. Kaiahua, Trustee under Deed of Trust made by Stanley Patrick K. Manuwa as Trustor, recorded in Liber 13862 at Page 388; Matilda K. Naganuma; Edward Napaepae; Stanley A. Naganuma; Emaline Napaepae; State of Hawai`i; County of Maui, by its Mayor, Hannibal Tavares; Maui Business Bureau; and Heirs of persons named above who are deceased, or persons holding under said Heirs; and all other persons or corporations unknown claiming any right, title, estate, lien or interest in the real property described in Plaintiffs' Complaint adverse to Plaintiffs' ownership and to all Whom it may concern, Defendants.

Supreme Court of Hawai`i.

August 23, 1994.

Attorney(s) appearing for the Case

Margaret C. Jenkins of Goodsill, Anderson, Quinn & Stifel, Honolulu, for defendants-appellants.

Tom C. Leuteneker (Kelsey T. Kawano with him on the brief, of Carlsmith Ball Wichman Murray Case Mukai & Ichiki), Wailuku, Maui, for plaintiff-appellee.

Before MOON, C.J., and KLEIN, LEVINSON, NAKAYAMA and RAMIL, JJ.

RAMIL, Justice.

In this action to quiet title, Defendants-Appellants Josephine Naukana Infiesto (Infiesto) and Marvlee K. Naukana-Gilding (Naukana-Gilding) (collectively Defendants) appeal from the circuit court's order granting partial summary judgment and denying their motion for reconsideration in favor of Plaintiff-Appellee Maui Land & Pineapple Company, Inc. (MLPC).

Defendants contend that: (1) the circuit court considered inadmissible hearsay evidence...

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