OZAKI v. AOAO DISCOVERY BAY

No. 19194.

954 P.2d 644 (1998)

87 Hawai`i 265

Betty J. OZAKI, Individually and as special Administrator of the Estate of Cynthia J. Dennis, Deceased, and Teruko K. Dennis, Plaintiffs-Appellants, v. ASSOCIATION OF APARTMENT OWNERS OF DISCOVERY BAY; Timothy W. Walker; Peter Moli Sataraka, Defendants-Appellees, and Does 1-20; Doe Partnerships 1-20; Doe Corporations 1-20; and Doe Governmental Entities 1-20, Defendants.

Supreme Court of Hawai`i.

As Clarified by Amendment May 4, 1998.


Attorney(s) appearing for the Case

Colbert M. Matsumoto and Michael N. Tanoue, Matsumoto LaFountaine & Chow, on the briefs, Honolulu, for petitioners-appellees AOAO Discovery Bay and Timothy W. Walker.

David C. Schutter and Mitchell S. Wong, David C. Schutter and Associates, on the briefs, Honolulu, for respondents-appellants Betty J. Ozaki, Individually and as Special Administrator of the Estate of Cynthia J. Dennis, Deceased, and Teruko K. Dennis.

Thomas E. Cook and Steven Y. Otaguro, Lyons, Brandt, Cook & Hiramatsu, on the briefs, Honolulu, for Amicus Curiae Hawaii Insurance Council.

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


LEVINSON, Justice.

The defendants-appellees-petitioners Association of Apartment Owners of Discovery Bay and Timothy W. Walker (collectively, Discovery Bay) have applied for a writ of certiorari from the decision of the Intermediate Court of Appeals (ICA) in Ozaki v. AOAO Discovery Bay, 87 Haw. 280, 954 P.2d 652 (App.1998) [hereinafter, the "ICA's decision"], which reversed the circuit court's judgment and order granting...

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