Opinion
NO. CAAP-12-0000165
10-26-2012
CAROL A. ADELKOFF, Plaintiff-Appellee, v. STEVEN C. KAPLAN, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT
(FC-D NO. 04-1-0155K)
ORDER GRANTING THE STIPULATION TO
DISMISS APPEALS FILED ON MARCH 13 AND MAY 22, 2012
(By: Foley, Presiding Judge, Reifurth and Ginoza, JJ.)
Upon consideration of the "Stipulation to Dismiss Appeals Filed on March 13 and May 22, 2012," filed on October 11, 2012 by Defendant-Appellant Steven C. Kaplan (Kaplan), the papers in support, and the records and files herein, it appears that (1) Kaplan and Plaintiff-Appellee Carol A. Adelkoff (Adelkoff) stipulate to dismiss Appeal No. CAAP-12-0000165 with prejudice, with each party to bear his or her own fees and costs associated with the appeal; (2) counsels for Kaplan and Adelkoff have signed the stipulation; (3) the record on appeal has not been filed; and (4) Hawai'i Rules of Appellate Procedure Rule 42(a) provides, "If an appeal has not been docketed, the appeal shall be dismissed upon the filing of a stipulation for dismissal signed by all the parties."
Therefore, IT IS HEREBY ORDERED that Appeal No. CAAP-12-0000165 is dismissed.
DATED: Honolulu, Hawai'i, October 26, 2012.
Presiding Judge
Associate Judge
Associate Judge