808 Development LLC v. Murakami

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NO. 26610 IN THE SUPREME COURT OF THE STATE OF HAWAI#I 808 DEVELOPMENT LLC, Lienor-Appellant vs. GLENN NOBUKI MURAKAMI; ANN SUE ISOBE, JOSEPH E. SPADARO, aka JOSEPH ELIO SPADARO, individually and as Trustee under that certain Declaration of Trust dated October 3, 2000; JOHN NELSON SPADARO; JIM HOGG; LISA HOGG; and AMERICAN SAVINGS BANK, F.S.B., Respondents-Appellees and JOHN DOES 1-10, JANE DOES 1-10, DOE PARTNERSHIPS 1-10, DOE CORPORATIONS 1-10, DOE ENTITIES 1-10, and GOVERNMENTAL UNITS 1-10, Respondents (NO. 26610 (M.L. NO. 04-1-0002)) ----------------------------------------------------------------808 DEVELOPMENT LLC, Lienor-Appellee/Cross-Appellant vs. GLENN NOBUKI MURAKAMI and ANN SUE ISOBE, Respondents-Appellants/Cross-Appellees and JOSEPH E. SPADARO, a.k.a. JOSEPH ELIO SPADARO, individually and as Trustee under that certain Declaration of Trust dated October 3, 2000; JOHN NELSON SPADARO; JIM HOGG; LISA HOGG; and AMERICAN SAVINGS BANK, F.S.B., Respondents-Appellees and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; and DOE GOVERNMENTAL UNITS 1-10, Respondents (NO. 26972 (M.L. NO. 04-1-0002)) APPEALS FROM THE FIRST CIRCUIT COURT ORDER DISMISSING MOTION TO DISMISS CROSS-APPEAL (By: Duffy, J.) Upon consideration of the motion to dismiss 808 Development LLC s cross-appeal filed in No. 26972, the papers in support and the record, it appears that No. 26972 was consolidated with No. 26610 such that there is no cross-appeal by 808 Development LLC. Therefore, IT IS HEREBY ORDERED that the motion to dismiss crossappeal is dismissed. DATED: Honolulu, Hawai#i, March 7, 2005. Associate Justice Gary Victor Dubin for appellees on the motion Karin L. Holma and Amara Harrell for appellant in opposition 2

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