Mitsuba Publishing Co. v. State

This is an appeal from an order granting a motion to dismiss. The sole ground specified is that the motion should not have been granted as to Defendant-Appellee Walter T. Yamashiro. The case essentially is one of defamation. Inasmuch as the State of Hawaii did not waive its sovereign immunity, neither the State nor the Office of Consumer Protection were proper parties to the action. Section 662-15(4), Hawaii Revised Statutes (HRS).

Since the taking of the appeal, the Defendant Walter T. Yamashiro has died in an airplane accident. Appellee has moved to dismiss the appeal on that ground. At…