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SCHMIDT v. HSC, INC.

No. SCWC-29454.

319 P.3d 416 (2014)

131 Haw. 497

Thomas Frank SCHMIDT and Lorinna Jhincil Schmidt, Petitioners/Plaintiffs-Appellants, Cross-Appellees, v. HSC, INC., a Hawai`i corporation, Richard Henderson, Sr., and Eleanor R.J. Henderson, Respondents/Defendants-Appellees, Cross-Appellants.

Supreme Court of Hawai`i.

January 15, 2014.

Attorney(s) appearing for the Case

R. Steven Geshell, Honolulu, for petitioner.

Paul Alston, Honolulu, for respondent.

NAKAYAMA, acting C.J., ACOBA, McKENNA, and POLLACK, JJ., and Circuit Judge GARIBALDI, in place of RECKTENWALD, C.J., recused.

Opinion of the Court by ACOBA, J.

We hold that, in accordance with the text of Hawai`i Revised Statutes (HRS) § 651C-9(1) (1993)1 pertaining to the Uniform Fraudulent Transfers Act (UFTA2), that the one year limitations period that begins on the date a transfer "was or could reasonably have been discovered by the claimant" commences when a plaintiff discovers or could reasonably have discovered a transfer...

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