NO. 21537



IN THE SUPREME COURT OF THE STATE OF HAWAII





JONETTE A. HANAWAHINE, individually,

and as Special Administratrix of the Estate of

LEE ANN ALOHA HANAWAHINE, Plaintiff-Appellant/Cross-Appellee



vs.



STATE OF HAWAII, Defendant-Appellee/Cross-Appellant



and



COUNTY OF HAWAII, JOHN DOES 1-10; JANE DOES 1-10;

DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10;

ROE "NON-PROFIT" CORPORATIONS 1-10; and ROE

GOVERNMENTAL ENTITIES 1-10, Defendants





APPEAL FROM THE THIRD CIRCUIT COURT

(CIV. NO. 92-050)





SUMMARY DISPOSITION ORDER

(By: Moon, C.J., Levinson, Nakayama,

Ramil, and Acoba, JJ.)





Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments advanced and the issues raised by the parties, we hold that the third circuit court's findings of fact were not clearly erroneous, and its conclusions of law were not wrong. As a result of our holding, the cross-appeal by Defendant-Appellee/Cross-Appellant State of Hawaii is moot. Accordingly,



IT IS HEREBY ORDERED that the April 9, 1998 judgment of the third circuit court, from which the appeal is taken, is affirmed.

DATED: Honolulu, Hawaii, July 27, 2000.



On the briefs:



Roy K. S. Chang and

Harvey M. Demetrakopoulos

(Shim and Chang) for

plaintiff-appellant/cross-

appellee.



Marie C. Laderta and

Thomas R. Keller, Deputy

Attorneys General,

State of Hawaii, for

defendant-appellee/cross-

appellant.