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BANK OF HAWAII v. KUNIMOTO

No. 19248.

984 P.2d 1253 (1999)

91 Hawai`i 427

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, Defendants-Appellants, and John Does 1-10, Doe Partnerships, Corporations or Other Entities, 1-20, Defendants.

Intermediate Court of Appeals of Hawai`i.

Reconsideration Denied August 25, 1999.

Attorney(s) appearing for the Case

A. Barry Cappello, James L. Hudgens (Cappello & McCann), California, and Gregg Young (Young & Sen), Honolulu, on the briefs for defendants-appellants.

Tom E. Roesser, Katherine G. Leonard, and William W. Huckins, Honolulu, (Carlsmith Ball Wichman Case & Ichiki), on the brief for plaintiff-appellee.

ACOBA, J., Circuit Judge McKENNA, in place of Judge WATANABE, Recused, and Circuit Judge KOCHI, in place of Judge KIRIMITSU, Recused.

ACOBA, Judge.

We hold in this appeal by Defendant-Appellant Allan Ryo Kunimoto (Defendant), individually, and by Defendant in his capacity as Trustee of a certain unrecorded trust1 from part of the July 5, 1994 first circuit court (court) deficiency judgment rendered against Defendant in a mortgage foreclosure action filed by Plaintiff-Appellee Bank of Hawaii (the Bank), that following Defendant's default in payment of certain promissory...

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