KEKONA v. ABASTILLAS

No. 24051.

150 P.3d 823 (2006)

Benjamin Paul KEKONA and Tamae M. Kekona, Plaintiffs-Appellees, Cross-Appellants, Respondents, v. Paz Feng ABASTILLAS, also known as Paz A. Richter, Defendant-Appellant, Cross-Appellee, Respondent-Petitioner, and Robert A. Smith, Attorney at Law, a Law Corporation, Defendant-Appellant, Cross-Appellee, Respondent-Petitioner, and Standard Management, Inc., and Western Surety Company, Defendants-Appellants, Cross-Appellees, Respondents, and Michael Bornemann, M.D., Defendant-Appellant, Cross-Appellee, Petitioner-Respondent, and U.S. Bancorp Mortgage Company, an Oregon Company; John Does 1-10; Doe Corporations 1-10; and Doe Entities 2-10, Defendants.

Supreme Court of Hawaii.

September 26, 2006.


Attorney(s) appearing for the Case

Peter Van Name Esser and Edward J. Bybee, Honolulu, for petitioner Michael Bornemann, M.D., on the application.

Fred Paul Benco, Honolulu, for respondent Benjamin Paul Kekona and Tamae M. Kekona, on the response.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ., and Circuit Judge LEE in Place of ACOBA, J., recused.


Opinion of the Court by NAKAYAMA, J.

The present matter involves three applications for writs of certiorari filed by Paz Feng Abastillas, a.k.a. Paz A. Richter [hereinafter "Abastillas"], Robert A. Smith [hereinafter "Smith"], and Michael Bornemann, M.D. [hereinafter "Bornemann"]. Abastillas, Smith and Bornemann appeal from the Intermediate Court of Appeals' [hereinafter "ICA"] June 8, 2006 memorandum opinion [hereinafter "the ICA's opinion"] partially affirming and...

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