Opinion
NO. CAAP-17-0000665
05-23-2018
IL SIN CORPORATION, a Hawaii corporation, Lienor-Appellant, v. GINNA CHOCK, individually and in her capacity as Trustee of that certain unrecorded REVOCABLE LIVING TRUST OF GINNA CHOCK, dated December 8, 2003, Respondent-Appellee, 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NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(M.L. NO. 16-1-0046 (BIA) (Mechanic's Lien)) ORDER DISMISSING APPEAL
(By: Ginoza, Chief Judge and Leonard and Reifurth, JJ.)
Upon consideration of Lienor-Appellant Il Sin Corporation's (Il Sin) January 3, 2018 Notice of Dismissal, which the court construes as a motion to dismiss the appeal (Motion), it appears that (1) the appeal has not been docketed; (2) Il Sin seeks to dismiss the appeal because the parties reached a settlement agreement and filed in the underlying case, M.L. No. 16-1-0046, a "Stipulation For Dismissal of Application For Mechanic's Lien and Materialman's Lien Filed on November 2, 2016 With Prejudice" on December 1, 2017; and (3) there is good cause to grant the requested relief, pursuant to HRAP Rule 42(a).
Counsel for Il Sin is cautioned that dismissal of an appeal should be done via a stipulation for dismissal, or by motion and notice, filed in this court. See Hawai'i Rules of Appellate Procedure (HRAP) Rule 42. --------
Therefore, IT IS HEREBY ORDERED that the Motion is granted and the appeal is dismissed.
DATED: Honolulu, Hawai'i, May 23, 2018.
/s/
Chief Judge
/s/
Associate Judge
/s/
Associate Judge