JENSEN v. PRATT

No. 5047.

491 P.2d 547 (1971)

John W. JENSEN and Adele M. Jensen, Plaintiffs-Appellants, v. Ronald S. PRATT et al., Defendants-Appellees.

Supreme Court of Hawaii.

Rehearing Denied December 7, 1971.


Attorney(s) appearing for the Case

Molly D. Zimring, Hilo, for plaintiffs-appellants.

George W. Ashford, Jr., Honolulu (Jenks, Kidwell, Goodsill & Anderson, Honolulu, of counsel), for defendants-appellees.

Alan C. Kay, Honolulu (Pratt, Moore, Bortz, Case, Stack, Kay, Cronin & Clause, Honolulu, of counsel), for defendant-appellee.

Before RICHARDSON, C.J., and MARUMOTO, ABE, LEVINSON and KOBAYASHI, JJ.


RICHARDSON, Chief Justice.

This case comes before us from the granting of a motion for summary judgment in the circuit court. On June 5, 1970, plaintiffs and defendant Pratt brought on motions for the amendment of the complaint and answer respectively. The trial judge orally granted both motions. On the same day, defendant Pratt moved for summary judgment, noting June 8, 1970, the date for which the trial had been set, as the date for hearing on the motion. The motion...

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