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FONG v. OH

No. 27635.

172 P.3d 499 (2007)

Connie Y. FONG, Respondent/Plaintiff/Counterclaim Defendant-Appellee v. Semin OH and Myung Hui Oh, Petitioners/Defendants/Counterclaimants/Cross-Claimants-Appellants and Celia Olaes Batle, Defendant/Cross-Claim Defendant and Cliff Enterprises, Inc.; David Jon Tamura; Anne Ju Tamura; Renato Vito Batle; Michael Tamura; and Does 1-100, Defendants and Semin Oh and Myung Hui Oh, Petitioners/Third-Party Plaintiffs-Appellants v. Keith M. Kiuchi, Respondent/Third-Party Defendant-Appellee.

Supreme Court of Hawai`i.

As Corrected December 19, 2007.

Attorney(s) appearing for the Case

Thomas T. Watts (of Kemper & Watts), Honolulu, for petitioners/defendants/counterclaimants/cross-claimants/third-party plaintiffs-appellants, Semin Oh and Myung Hui Oh.

David J. Gierlach, Honolulu, for respondent/plaintiff/counterclaim defendant-appellee, Connie Y. Fong.

Keith K. Hiraoka (of Roeca, Louie & Hiraoka), Honolulu, for respondent/third-party defendant-appellee, Keith M. Kiuchi.

Patricia J. Moy, on the brief, Honolulu, for amicus curiae State of Hawai`i Commissioner of Securities.

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

Opinion of the Court by DUFFY, J.

Petitioners Semin Oh and Myung Hui Oh seek review of the Intermediate Court of Appeals' (ICA) November 16, 2006 judgment affirming the November 2, 2005 judgment of the circuit court of the first circuit.1 We accepted the Ohs' application for a writ of certiorari and oral argument was held on August 15, 2007.

The Ohs assert that the ICA gravely erred in...

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