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KONA VILLAGE REALTY v. SUNSTONE REALTY

No. 28840.

236 P.3d 456 (2010)

KONA VILLAGE REALTY, INC.; Brenda Tschida; and Robert Tschida, Respondents/Plaintiffs-Appellees, v. SUNSTONE REALTY PARTNERS, XIV, LLC; and Sunstone Realty Partners, IX, LLC, Petitioners/Defendants-Appellants, and Sunstone Realty Partners, LLC; Sunstone Realty, LLC; Curtis D. Deweese, an individual; Michelle Matusek, an individual; Rick Wilson, an individual, Respondents/Defendants-Appellees.

Supreme Court of Hawai`i.

August 12, 2010.

Attorney(s) appearing for the Case

Michael L. Lam and Margaret E. Parks (of Case Lombardi & Pettit), Honolulu, for petitioners/defendants-appellants.

Francis L. Jung (of Jung & Vassar), Kailua Kona, for respondents/plaintiffs-appellees.

MOON, C.J., NAKAYAMA and DUFFY, JJ.; ACOBA, J., dissenting, with whom Circuit Judge CRANDALL, in place of RECKTENWALD, J., recused, joins.

Petitioners/defendants-appellants Sunstone Realty Partners, XIV, LLC and Sunstone Realty Partners, IX, LLC [hereinafter, collectively, Sunstone] petitioned this court to review the Intermediate Court of Appeals' (ICA) January 25, 2010 judgment on appeal, entered pursuant to its June 29, 2009 published opinion. Therein, the ICA...

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