430 P.3d 890 (Hawai’i App. 2018), CAAP-15-0000635, Dowling v. 808 Boats LLC

Docket Nº:CAAP-15-0000635
Citation:430 P.3d 890, 143 Hawai‘i 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
 
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Page 890

430 P.3d 890 (Hawai’i App. 2018)

143 Hawai‘i 329

Arnold DOWLING, Plaintiff-Appellee/Cross-Appellant,

v.

808 BOATS LLC, Defendant-Appellant/Cross-Appellee

No. CAAP-15-0000635

Intermediate Court of Appeals of Hawai‘i

November 27, 2018

Editorial Note:

This decision has been designated as "Unpublished disposition."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 Circuit’s (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 Dowling’s son, Arnold Dowling III (Dowling III), who is also the trustee under the Arnold Dowling, Jr. Trust (the Trust), Dowling’s 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 Dowling’s 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 court’s order were filed by Dowling’s attorney on February 23, 2018, and March 12, 2018, the gravamen of which was that Dowling’s heirs decided not to probate Dowling’s 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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