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KAOPUIKI v. KEALOHA

No. 24203.

87 P.3d 910 (2003)

104 Hawai'i 241

Paula KAOPUIKI, as Guardian for William P. Enos, Plaintiff-Appellant, v. Sonia Esther KEALOHA, and Doreen Kusunoki, Co-Personal Representatives of The Estate of Russell Kalani Opio Kealoha, and Fletcher Pacific Construction Company, Ltd., Defendants-Appellees, and John Does 1-10, Jane Does 1-10, Doe Partnerships 1-10, Doe Corporations 1-10, Doe Governmental Entities 1-10, Defendants.

Intermediate Court of Appeals of Hawai'i.

Certiorari Granted November 17, 2003.

Certiorari Dismissed April 8, 2004.

Attorney(s) appearing for the Case

Roy Y. Yempuku, Janice P. Kim, Honolulu, and David Allan Feller, on the briefs, for plaintiff-appellant.

James T. Wong and R. Laree McGuire, on the briefs, Honolulu, for defendants-appellees, Sonia Esther Kealoha and Doreen Kusunoki, Co-Personal Representatives of the Estate of Russell Kalani Opio Kealoha.

Stephen B. MacDonald, on the briefs, for defendant-appellee, Fletcher Pacific Construction Company, Ltd.

BURNS, C.J., and FOLEY, J.; with LIM, J., Concurring In Part and Dissenting in Part.

Opinion of the Court by BURNS, C.J.

Plaintiff-Appellant Paula Kaopuiki (Kaopuiki) is the mother of William P. Enos (Enos), born on May 10, 1975. By a January 8, 1993 court order entered pursuant to Hawai'i Revised Statutes (HRS) § 551-2 (1993), Kaopuiki was appointed prochein ami or next friend of Enos "for the purpose of prosecuting a claim for damages" in this case. Enos was then a minor and an incapacitated person. In her "next friend" capacity, we...

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