430 P.3d 890 (Hawaii App. 2018), CAAP-15-0000635, Dowling v. 808 Boats LLC
|Citation:||430 P.3d 890, 143 Hawaii 329|
|Party Name:||Arnold DOWLING, Plaintiff-Appellee/Cross-Appellant, v. 808 BOATS LLC, Defendant-Appellant/Cross-Appellee|
|Attorney:||Joachim P. Cox, Robert K. Fricke, Abigail M. Holden (Cox Fricke LLP), Honolulu, for Defendant-Appellant/Cross-Appellee. Edward C. Kemper, Honolulu, for Plaintiff-Appellee/Cross-Appellant.|
|Judge Panel:||By: Ginoza, Chief Judge, Fujise and Leonard, JJ.|
|Case Date:||November 27, 2018|
|Court:||Court of Appeals of Hawai'i, Intermediate|
This decision has been designated as "Unpublished disposition." in the Pacific Reporter. See HI R RAP RULE 35
APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1RC-14-1-8468)
On the briefs:
Joachim P. Cox, Robert K. Fricke, Abigail M. Holden (Cox Fricke LLP), Honolulu, for Defendant-Appellant/Cross-Appellee.
Edward C. Kemper, Honolulu, for Plaintiff-Appellee/Cross-Appellant.
By: Ginoza, Chief Judge, Fujise and Leonard, JJ.
SUMMARY DISPOSITION ORDER
Defendant/Counterclaim-Plaintiff/Appellant/Cross-Appellee 808 Boats LLC (808 Boats) appealed from the District Court of the First Circuits (District Court) Judgment entered on August 13, 2015.1 Plaintiff/Counterclaim-Defendant/Appellee/ Cross-Appellee Arnold Dowling (Dowling), aka Arnold Dowling, Jr., cross-appealed from the same.
On January 17, 2018, on behalf of Dowlings son, Arnold Dowling III (Dowling III), who is also the trustee under the Arnold Dowling, Jr. Trust (the Trust), Dowlings attorney submitted a "Suggestion of Death" reporting to this court that Dowling died on December 9, 2017.
On January 31, 2018, this court issued an order regarding further submissions informing the court of what effect Dowlings death has on the pending appeal and whether any person intends to file a motion requesting that a personal representative of Dowling be substituted as a party.
Responses to this courts order were filed by Dowlings attorney on February 23, 2018, and March 12, 2018, the gravamen of which was that Dowlings heirs decided not to probate Dowlings will and not to seek the appointment of a personal representative, but instead requested that this court substitute Dowling III, as trustee of the Trust, as the designated successor to Dowling in this appellate proceeding.
On February 20, 2018, 808 Boats also filed a response to this courts order...
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