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HAYES v. DUTRO

Nos. 24733, 24829.

93 P.3d 1173 (2004)

105 Hawai'i 66

Jerome C. HAYES, Plaintiff-Appellant, and Island Insurance Company, Inc., Plaintiff-Appellee, v. Kenneth J. DUTRO and Henry's Equipment Rental and Sales, INC., Defendants-Appellees, and John Does 1-15; Jane Does 1-15; Doe Partnerships 1-15; Doe Corporations 1-15; Doe Entities 1-15; and Doe Governmental Units 1-15, Defendants and Jerome C. Hayes, Plaintiff-Appellant, and Island Insurance Company, Ltd., Plaintiff, v. Kenneth J. Dutro and Henry's Equipment Rental and Sales, Inc., Defendants-Appellees, and John Does 1-15; Jane Does 1-15; Doe Partnerships 1-15; Doe Corporations 1-15; Doe Entities 1-15; and Doe Governmental Units 1-15, Defendants.

Intermediate Court of Appeals of Hawai'i.

Certiorari Dismissed July 23, 2004.

Attorney(s) appearing for the Case

Preston A. Gima, Honolulu, On the briefs, for plaintiff-appellant.

Michael N. Tanoue and Kara Moran (The Pacific Law Group, a law corporation) and Shannon L. Wack, Honolulu, On the briefs, for defendants-appellees.

WATANABE, Acting C.J., LIM, and FOLEY, JJ.

Opinion of the Court by WATANABE, Acting C.J.

The dispositive issue in these consolidated appeals is whether the statute of limitations set forth in Hawaii Revised Statutes (HRS) § 431:10C-315(b)(3) (Supp.2003) barred the underlying complaint filed by Plaintiff-Appellant Jerome C. Hayes (Hayes) against Defendants-Appellees Kenneth J. Dutro (Dutro) and Henry's Equipment Rental and Sales, Inc. (Henry's) (collectively,...

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