Opinion
NO. CAAP-15-0000145
08-28-2015
BALI HAI VILLAS LTD., a Hawaii Limited Partnership, and STEVEN GARNER, on behalf of himself and all other limited partners of Bali Hai Villas Ltd., Plaintiffs-Appellees, v. BALI HAI VILLAS, INC.; ARDESHIR HORMOZYARI, in his capacity as Successor Trustee of the David E. Walters Trust Fund dated March 31, 2003; JAMES GIBSON, in his capacity as Personal Representative of the probate estate of David Walters, deceased, and in his individual capacity; LUCETTE WALTERS; SPIZZIRRI FAMILY TRUST; CANDEE SPIZZIRRI, Co-Trustee; KEKAHA MS, LLC, a Hawaii limited liability company, LIHUE MS, LLC, a Hawaii limited liability company, KAUAI BEACH VILLAS PHASE II, LLC, a Hawaii limited liability company, Defendants-Appellees, and GOODSILL ANDERSON QUINN & STIFEL, LLLP, Defendant-Appellant, and JOHN DOES 2-10; JANE DOES 2-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10, and DOE ENTITIES 1-10, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 13-1-0053)
ORDER APPROVING THE AUGUST 24, 2015 STIPULATION TO DISMISS APPEAL PURSUANT TO SETTLEMENT
(By: Nakamura, C.J., Fujise and Reifurth, JJ.)
Upon consideration of the Stipulation to Dismiss Appeal Pursuant to Settlement, filed August 24, 2015, by Defendant-Appellant Goodsill Anderson Quinn & Stifel, LLLP (Appellant), the papers in support, and the record, it appears that (1) the stipulation is dated and signed by counsel for all parties appearing in the appeal; (2) the parties seek to dismiss the appeal without prejudice, pursuant to Hawai'i Rules of Appellate Procedure Rule 42(b); (3) the appeal was docketed May 12, 2015; and (4) the parties agree to bear their own costs and attorneys' fees, and any outstanding costs owed the court will be paid by the party incurring the costs. The parties further agree that if costs are not attributed to a party, then the costs will be paid by Appellant.
Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved without prejudice to proceedings in the trial court, and the appeal is dismissed. The parties shall bear their own costs and attorneys' fees. Any outstanding costs owed the court will be paid by the party incurring the costs. If costs are not attributed to a party, then the costs will be paid by Appellant.
DATED: Honolulu, Hawai'i, August 28, 2015.
/s/
Chief Judge
/s/
Associate Judge
/s/
Associate Judge