SHIMOTE v. VINCENT

No. 16679.

905 P.2d 71 (1995)

80 Hawai`i 96

Frederick K. SHIMOTE, Plaintiff-Appellee, v. Kay Tokie VINCENT, as Special Administrator of the Estate of Albert Vernon Vincent, Deceased, Kay Tokie Vincent, Defendants-Appellants, and Trustees of the Estate of Bernice Pauahi Bishop, Richard Lyman, Jr., in his capacity as President of the Bernice Pauahi Bishop Estate, Henry Peters, William S. Richardson, Matsuo Takabuki and Myron B. Thompson, in their capacity as Trustees of the Estate of Bernice Pauahi Bishop, Honolulu Federal Savings and Loan Association, Bank of Hawaii, John Does 1-100, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe "Non-Profit" Corporations 1-10, and Doe Government Agencies 1-10, Defendants-Appellees. Kay Tokie VINCENT, Individually and as Special Administrator of the Estate of Albert Vernon Vincent, Deceased, Third-Party Plaintiffs/Appellants, v. Henry H. FUKUSHIMA, Rose M. Fukushima, Henry Fukushima Contracting, Frank Moon, Oahu Sign Co., Ltd., Oahu Sign and Building Contractors, Clayton K. Tom, Master Builders, Inc., Mathew Kaonohi, Honsador Inc., and S & H Insurance Company, Third-Party Defendants/Appellees. Henry H. FUKUSHIMA, Rose M. Fukushima and Henry Fukushima Contracting, Fourth-Party Plaintiffs/Appellees, v. Frederick K. SHIMOTE, Alan Rowland and Ossipoff, Snyder & Rowland Architects, Inc., Fourth-Party Defendants/Appellees.

Intermediate Court of Appeals of Hawai`i.

Reconsideration Denied October 25, 1995.

Certiorari Denied November 15, 1995.


Attorney(s) appearing for the Case

Leslie S. Fukumoto and Michael A. Chambrella (Leslie S. Fukumoto, Attorney at Law, A Law Corporation, of counsel), on the briefs, Honolulu, for defendant-appellant.

Gregory K. Markham, Peter Y.L. Pong and Keith K. Kato, on the brief, Honolulu, for fourth-party defendant/appellee.

Michael F. McCarthy (Michael F. McCarthy, Attorney at Law, A Law Corporation, of counsel), on the brief, Honolulu, for plaintiff/appellee.

Before KIRIMITSU, J., and SIMMS, Circuit Judge, in place of WATANABE, J., Recused, and NAKATANI, Circuit Judge, in place of ACOBA, J., Recused.


KIRIMITSU, Judge.

In this residential construction dispute, the Defendant/Third-Party Plaintiffs-Appellants, Albert Vernon Vincent1 and Kay Tokie Vincent (collectively Vincents), appeal the First Circuit Court's December 17, 1992 order (December 17, 1992 Order) denying their Motion to Dismiss Complaint or in the Alternative for Stay of Proceeding on Plaintiffs Complaint. Vincents claim that the court erred by (1) denying their November...

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