HAWAI`I NAT. BANK v. COOK

No. 22225.

58 P.3d 60 (2002)

100 Hawai`i 2

HAWAII NATIONAL BANK, Petitioner-Appellant, v. Brian R. COOK, also known as Brian Richard Cook, dba Windward Self Storage, Pohukaina Venture; Kona Country Fair Venture, Respondents-Appellees, First Hawaiian Bank; Bank of Honolulu; Finance Factors, Limited; City and County of Honolulu; United States of America; Federal Savings and Loan Insurance Corporation, Receiver for State Savings and Loan Association; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe Entities 1-50; and Doe Governmental Units 1-50, Respondents, and Trustees Under the Will and of the Estate of Bernice Pauahi Bishop, Deceased, Respondent-Appellee, and Atlantic National Trust Limited Liability Company, also known as Atlantic National Trust, L.L.C., Respondents. (Civ. No. 96-4088). Trustees Under the Will of the Estate of Bernice Pauahi Bishop, Deceased, Respondent-Appellee, v. Hawaii National Bank, Petitioner-Appellant. and Pohukaina Venture, and Brian R. Cook, also known as Brian Richard Cook, Respondents-Appellees, and Atlantic National Trust, LLC, Ahuimanu Land Corp., United States of America, City and County of Honolulu, John Does 1-50, Jane Does 1-150, Doe Partnerships 1-50, Doe Corporations 1-50, Doe Entities 3-50 And Doe Governmental Units 1-50, Respondents, (Civ. No. 97-4011).

Supreme Court of Hawai`i.

As Corrected November 21, 2002.


Attorney(s) appearing for the Case

Robert M. Ehrhorn, Jr., and Elizabeth A. Kane, Honolulu, of Takushi Funaki Wong & Stone for petitioner-appellant Hawai`i National Bank on the application for writ of certiorari.

Cheryl A. Nakamura and Earl T. Sato, Honolulu, of Rush Moore, Craven Sutton Morry & Beh for respondents-appellees on the response.

MOON, C.J., LEVINSON, NAKAYAMA, and RAMIL, JJ., and Circuit Judge NAKAMURA, in place of ACOBA, J., recused.


Opinion of the Court by NAKAYAMA, J.

Petitioner-appellant Hawaii National Bank [hereinafter "HNB"] applies to this court for a writ of certiorari to review the opinion of the Intermediate Court of Appeals (ICA) in Hawai`i Nat'l Bank v. Cook, 99 Haw. 334, 55 P.3d 827, (Haw.Ct.App. 2000) [hereinafter, the "ICA's opinion" or "the majority"]. The majority affirmed the circuit court's: 1) findings...

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