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COMPASS DEVELOPMENT, INC. v. BLEVINS

No. 16511.

876 P.2d 1335 (1994)

COMPASS DEVELOPMENT, INC., a Hawai[']i corporation; and The Woods at [Ā]huimanu Limited Partnership, a Hawai'i limited partnership, Plaintiffs-Appellants, v. Margaret A. BLEVINS, as Trustee of the Emes 1980 Irrevocable Trust; American Trust Company of Hawai[']i, Inc., as Trustee of the Emes 1980 Irrevocable Trust, Defendants-Appellees. DAX CORPORATION, Plaintiff in Intervention-Appellee, v. COMPASS DEVELOPMENT, INC., a Hawai'i corporation; and The Woods at [Ā]huimanu Limited Partnership, a Hawai`i limited partnership, Defendants in Intervention-Appellants; and Margaret A. Blevins, as Trustee of the Emes 1980 Irrevocable Trust; American Trust Company of Hawai[']i, Inc., as Trustee of the Emes 1980 Irrevocable Trust, Defendants in Intervention-Appellees.

Intermediate Court of Appeals of Hawai`i.

July 14, 1994.

Attorney(s) appearing for the Case

Burt L. Snyder, on the brief, Honolulu, for plaintiffs-appellants/defendants in intervention-appellants.

Mark D. Bernstein (Mark D. Clement of McCorriston Miho & Miller, with him on the brief), Honolulu, for defendants-appellees/defendants in intervention-appellees.

James J. Bickerton of Bickerton Ramos-Saunders Dang & Bouslog, on the brief, Honolulu, for plaintiff in intervention-appellee.

Before HEEN, WATANABE and ACOBA, JJ.

ACOBA, Judge.

The primary issue presented is whether the circuit court exceeded its authority or abused its discretion when it sua sponte dismissed the complaint with prejudice for want of prosecution.

Plaintiff's below, Compass Development, Inc. (hereinafter Compass), the managing general partner of Woods at [Ā]huimanu Limited Partnership (hereinafter WALP), a Hawai`i limited partnership, and WALP filed...

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