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INTERNATIONAL SAV. & LOAN ASS'N v. CARBONEL

No. 22226.

5 P.3d 454 (2000)

93 Hawai`i 464

INTERNATIONAL SAVINGS AND LOAN ASSOCIATION, LIMITED, a Hawai`i corporation, Plaintiff-Appellee, v. Abelardo Cobangbang CARBONEL; Felomina Alagao Carbonel; Virgilio C. Carbonel, Defendants-Appellants, and Commercial Credit Corporation (Hawai`i) fka Servco Financial Corp.; John Does 1-50; Jane Does 1-50; Doe Partnerships 1-50; Doe Corporations 1-50; Doe "Non-Profit" Corporations 1-50; and Doe Governmental Units 1-50, Defendants.

Intermediate Court of Appeals of Hawai`i.

Reconsideration Denied June 16, 2000.

Attorney(s) appearing for the Case

Gary Victor Dubin, on the briefs, Honolulu, for defendants-appellants.

James E.T. Koshiba, Honolulu, and Lisa Anne Gruebner (Koshiba Agena & Kubota), on the briefs, for plaintiff-appellee.

BURNS, C.J., WATANABE, and ACOBA, JJ.

Opinion of the Court by ACOBA, J.

We hold that when a promissory note provides for joint and several liability, not all borrowers on the note are required to be joined under Hawai`i Rules of Civil Procedure (HRCP) Rule 19(a) or Rule 19(b) in an action to enforce the note. Similarly, we hold that a guarantor of a promissory note secured by a mortgage is not required to be joined as a party under HRCP Rule 19 in a mortgage foreclosure action. Thus, the absence of a...

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