NO. 22077



IN THE SUPREME COURT OF THE STATE OF HAWAII





CARIDAD A. GALASINAO and

HELEN GALASINAO ACPAL,

Plaintiffs-Appellees/

Cross-Appellants,

vs.

HERMAN M. MACANAS,

Defendant-Appellant/

Cross-Appellee,

and

TITLE GUARANTY ESCROW

SERVICES, INC.; JOHN DOES

1-50; JANE DOES 1-50; DOE

CORPORATIONS 1-50; DOE

ENTITIES 1-50 and DOE

GOVERNMENTAL UNITS 1-50,

Defendants.

________________________________

CIV. NO. 96-3995

FIRST CIRCUIT COURT



SUMMARY DISPOSITION ORDER



Defendant-appellant Herman Macanas appeals from the portion of the final judgment entered in favor of plaintiffs-appellees Caridad Galasinao and her daughter, Helen Galasinao Acpal, collectively, the Galasinaos). The Galasinaos cross-appeal from the portions of the final judgment entered in favor of Macanas. Upon careful review of the record and the briefs submitted by the parties and having given due consideration to the arguments made and the issues raised by the parties,

IT IS HEREBY ORDERED that the circuit court's judgment is hereby affirmed for the following reasons: 1) the circuit court properly concluded that Macanas could not bring a civil action for the $40,000 held in escrow and properly ordered the funds returned to the Galasinaos; Hawaii Revised Statutes (HRS) § 444-22 (1993); Butler v. Obayashi, 71 Haw. 177, 785 P.2d 1328 (1990); 2) HRS § 444-22 does not require Macanas to return the amounts paid to him solely because he is an unlicensed contractor; 3) the Galasinaos failed to prove their actual damages resulting from the alleged breach of contract and failed to prove that allowing Macanas to keep the $287,500 paid to him would constitute unjust enrichment; and 4) Macanas's actions did not constitute unfair and deceptive trade practices.

DATED: Honolulu, Hawaii,



On the briefs:

Ernest Y. Yamane for

defendant-appellant/

cross-appellee



Harold Chu for

plaintiffs-appellees/

cross-appellants



Lorrin B. Hirano and

Keith M. Yonamine of

Ashford & Wriston for

defendant-appellee