SCHMIDT v. HSC, INC.

SCWC-16-0000858.

452 P.3d 348 (2019)

Thomas Frank SCHMIDT and Lorinna Jhincil Schmidt, Petitioners/Plaintiffs-Appellants/Cross-Appellees, v. HSC, INC., a Hawai`i Corporation; Richard Henderson, Sr.; Eleanor R.J. Henderson, Respondents/Defendants-Appellees/Cross-Appellees/Cross-Appellants.

Supreme Court of Hawai`i.

November 8, 2019.


Attorney(s) appearing for the Case

R. Steven Geshell , Honolulu, for petitioner.

Paul Alston , Honolulu, for respondents.

NAKAYAMA, ACTING C.J., McKENNA, POLLACK, AND WILSON, JJ., AND CIRCUIT COURT JUDGE KUBO IN PLACE OF RECKTENWALD, C.J., RECUSED.


I. Introduction

This case, which concerns $537,000 in excess foreclosure sale proceeds, returns to this court for the third time.1 The current iteration of the case arises from a separate action, Civil No. 06-1-228, filed on April...

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