MORINOUE v. ROY

No. 19503

947 P.2d 944 (1997)

86 Hawai`i 76

Alvin H. MORINOUE, Plaintiff-Appellee, v. Carlton A. ROY and David D. Roy, Jr., Defendants-Appellants, and The heirs and assigns of Lumaawe; the heirs and assigns of Kealalio; the heirs and assigns of Kekalo; the heirs and assigns of Papa; the heirs and assigns of Daniel Kawaihoa Papa; the heirs and assigns of Lono; the heirs and assigns of Kainaina; the heirs and assigns of Kaoo; the heirs and assigns of Kawaihoolahonua; the heirs and assigns of Kealalio, aka Joseph Kealalio (son of Kealalio); the heirs and assigns of Mary Kaoo Koloheiloe, aka Kaoo Kaloheiole, aka Mary Kaoo; the heirs and assigns of Hoopale, aka Hoopale Kealalio; the heirs and assigns of John A Hoopale, aka John Ahuna Hoopale, aka John Ahuna Achoy; Successor Trustees of John A. Hoopale, Trustee; the heirs and assigns of Lily K. Hoopale, aka Lily Kawaa Hoopale; Margaret Spencer, aka Margaret Spencer Colon and her heirs and assigns, Katherine A. Chun, aka Katie A. Chun, aka Katherine H. Chun, and her heirs and assigns; Emily L. Dulay, fka Emily Watson and her heirs and assigns; Lillian N. Hao, aka Lily N. Hao, and her heirs and assigns; Aileen A. Ho and her heirs and assigns; Margaret Wilhelm, fka Margaret K. Wong and her heirs and assigns; Rebecca A. Brown and her heirs and assigns; Mary Tadame Ishida, fka Mary Tadame Mori and her heirs and assigns; Jack Tadao Mori and his heirs and assigns; the heirs and assigns of Ka-Uina-O-Kalani, aka Abraham Kualaku, aka Abraham Kualaku McAulton; Rose Eleanor McAulton and her heirs and assigns; Torao Mukai and his heirs and assigns; Flora Mukai and her heirs and assigns; Katsuto Taniyama; Mollie T. Tompkinson; Kenneth Koike; George Koike, Kathryn E. Koike; Matsuyo Koike; Bernice H. K. Ishii; Mizukami Miyahashi; Holualoa Korean Association; Richard To. Boswell; Cole J. Boswell; Lance Boswell; Elizabeth Boswell; Maki Ohta and Toichi Ohta; Masayuki Nagatoshi and Nobuko Nagatoshi; Rex Wills and Marilyn Wills; United States of America; John Does 1-50; Jane Does 1-50; Doe Corporations 1-50 and Doe Entities 1-50 and the following owners and/or occupants of adjoining lands: Richard Roes 1-50; Mary Roes 1-50; and Roe Entities 1-50; and all other unknown persons claiming an Estate or Interest in the Real Property described in the complaint adverse to Plaintiffs' Title and to all whom it may concern, Defendants.

Supreme Court of Hawai`i.

November 4, 1997.


Attorney(s) appearing for the Case

Mark Van Pernis of Van Pernis, Smith and Vancil, Kailua-Kona, on the briefs, for Defendants-Appellants Carlton A. Roy and David D. Roy, Jr.

Arlette S. Harada of Elisha, Ekimoto and Harada, Honolulu, on the briefs, for Plaintiff-Appellee Alvin H. Morinoue.

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


LEVINSON, Justice.

The defendants-appellants Carlton A. Roy and David D. Roy (collectively, the Roys) appeal the amended judgment of the circuit court entered against them and in favor of the plaintiffs-appellees Alvin H. Morinoue and Ayako Mizukami Morinoue (collectively, the Morinoues)1 on the bases (1) that there was no genuine issue of material fact and (2) that, "as a matter of law, [the Morinoues] ... established their claim of adverse...

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