BENEFICIAL HAWAII, INC. v. KIDA

No. 22420.

30 P.3d 895 (2001)

96 Hawai`i 289

BENEFICIAL HAWAII, INC., a Delaware corporation, Plaintiff-Appellee, v. Donald Muneo KIDA, Defendant-Appellant, and John Does 1-50; Jane Does 1-50; Doe Partnerships, Doe Corporations, Doe Entities and Doe Governmental Units 1-50, Defendants, and Donald Muneo Kida, Counterclaimant, v. Beneficial Hawaii, Inc., Counterclaim-Defendant. Donald Muneo Kida, Third-Party Plaintiff, v. Michele Kobayashi fka Michele Umeno aka Michele Fukuda Umeno, individually and dba R.M. Financial Associates; R & M Associates, Inc., a Hawaii Corporation, Financial M.D. Associates, Inc., a Hawaii Corporation, directly and dba The Mortgage Warehouse; Milburn Iwai dba Pacific Mortgage Funding Group; Pacific Mortgage Funding Group, Ltd.; a Hawaii Corporation; Elaine F. Naito; UK Holding Corporation dba Equity Funding Group; JOHN DOES 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnerships 1-10; Doe Mortgage Corporations 1-5; Doe Financial Corporations 1-5; Doe Principal Mortgage Brokers 1-5; Doe Governmental Entities 1-10, Third-Party Defendants.

Supreme Court of Hawai`i.

August 31, 2001.


Attorney(s) appearing for the Case

Shelby Anne Floyd, Jade Lynne Ching, and David A. Fisher (of Alston Hunt Floyd & Ing), on the briefs, Honolulu, for the plaintiff-appellee Beneficial Hawaii.

Junsuke Otsuka (of Shigemura & Harakal), on the briefs, for the defendant-appellant Donald M. Kida.

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


Opinion of the Court by LEVINSON, J.

The defendant-appellant Donald Muneo Kida appeals from the judgment and decree of foreclosure of the first circuit court, the Honorable Marie N. Milks presiding, filed on March 15, 1999, in favor of the plaintiff-appellee Beneficial Hawaii, Inc. Kida argues that the circuit court erred in: (1) failing to invalidate an alleged mortgage (the mortgage) on a property located at 2532 Booth Road, in the City and County of Honolulu (the...

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