BANK OF HAWAII v. KUNIMOTO

No. 20575.

984 P.2d 1198 (1999)

91 Hawai`i 372

BANK OF HAWAII, a Hawai`i banking corporation, Plaintiff-Appellee, v. Allan Ryo KUNIMOTO, aka Allan R. Kunimoto, Allan R. Kunimoto, as Trustee of that certain unrecorded Allan R. Kunimoto Revocable Trust Agreement dated February 19, 1981, as amended, Living Designs, Inc., a Hawai`i corporation, John Does 1-10, Doe Partnerships, Corporations or Other Entities 1-20, Defendants, and A. Barry Cappello and James L. Hudgens, Parties-in-Interest/Appellants.

Supreme Court of Hawai`i.

Reconsideration Denied October 9, 1999.


Attorney(s) appearing for the Case

Kelvin H. Kaneshiro, Honolulu, (Dennis E.W. O'Connor with him on the briefs) of Reinwald, O'Connor & Playdon for Parties-In-Interest/Appellants.

A. Barry Cappello and James L. Hudgens, Katherine G. Leonard, Honolulu (Nenad Krek with her on the brief) of Carlsmith Ball Wichman Case & Ichiki for Plaintiff-Appellee Bank of Hawaii.

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


Opinion of the Court by RAMIL, J.

Parties-in-interest/appellants A. Barry Cappello (Cappello) and James L. Hudgens (Hudgens) (collectively appellants), pro hac vice counsel for defendant Allan R. Kunimoto, M.D. (Dr. Kunimoto) in a mortgage foreclosure action filed by plaintiff-appellee Bank of Hawaii (BOH) on April 23, 1993, appeal from the first circuit court's order, filed on December 24, 1996, granting BOH's motion for an order to show cause why Dr. Kunimoto...

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