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BROOKS v. DANA NANCE & CO.

No. 26736.

153 P.3d 1091 (2007)

Charles BROOKS and Donna Brooks, Plaintiffs-Appellees, v. DANA NANCE & CO. and Fidelity National Field Services, Inc., successor to Chicago Title Co., Inc., Defendants-Appellants/Cross-Claimants-Appellants/Cross-Claim Defendants, and Seasons Mortgage, Inc., Defendant-Appellee/Cross-Claim Defendant-Appellee/Cross-Claimant, and ACS Government Services, Inc. fka Computer Data Systems, Inc. aka CDSI, Defendant.

Supreme Court of Hawai`i.

January 12, 2007.

Attorney(s) appearing for the Case

Michael L. Lam, Lauren R. Sharkey, Seth R. Harris (of Case Bigelow & Lombardi), on the briefs, Honolulu, for defendants-appellants/cross-claimants-appellants/cross-claim defendants Dana Nance & Co. and Fidelity National Field Services, Inc.

Elton John Bain and E. Mason Martin III (of Kessner Duca Umebayashi Bain & Matsunaga), on the briefs, Honolulu, for defendant-appellee/cross-claim defendant-appellee/cross-claimant Seasons Mortgage, Inc.

MOON, C.J., LEVINSON, NAKAYAMA, and DUFFY, JJ.; and ACOBA, J., dissenting.

Opinion of the Court by LEVINSON, J.

The defendants-appellants/cross-claimants-appellants/cross-claim defendants Dana Nance & Company (Nance) and Fidelity National Field Services (Fidelity) [hereinafter, collectively, the Appellants], appeal from the July 20, 2004 order of the circuit court of the second circuit, the Honorable Joel E. August presiding, granting the defendant-appellee/cross-claim defendant-appellee/cross-claimant Seasons Mortgage, Inc.'s (Seasons...

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