Opinion
CAAP-20-0000698
06-24-2024
JOSEPH G. BLACKBURN, II, Plaintiff-Appellee, v. RICHARD D. GRONNA, as Personal Representative of THE ESTATE OF ROBERT MCCORMICK BROWNE, Defendant/Cross-claim Defendant-Appellee, and KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE, ELLIOT K. MILLS, in his capacity as Trustee, CRYSTAL K. ROSE, in her capacity as Trustee, JENNIFER N. GOODYEAR-KAʻŌPUA, in her capacity as Trustee, MICHELLE KAʻUHANE, in her capacity as Trustee, and ROBERT K.W.H. NOBRIGA, in his capacity as Trustee,[1] Defendants/Cross-claimants/Cross-claim Defendants-Appellees, and ST. FRANCIS MEDICAL CENTER, a Hawaii corporation, Defendant/Cross-claim Defendant/Cross-claimant-Appellant, and DOES 1-10, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-20-0000664)
(By: McCullen, Presiding Judge, Guidry, J., and Circuit Court Judge Viola, in place of Leonard, Acting Chief Judge, Hiraoka, Wadsworth and Nakasone, JJ., recused.)
ORDER APPROVING STIPULATION TO DISMISS APPEAL
Upon consideration of the Stipulation for Dismissal of Appeal With Prejudice (Stipulation), filed June 14, 2024, by Defendant/Cross-claim Defendant/Cross-claimant-Appellant, St. Francis Medical Center, a Hawaii corporation, the papers in support, and the record, it appears that: (1) the appeal has been docketed and the filing fees paid; (2) under Hawai'i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal with prejudice and that each party shall bear their own attorneys' fees and costs incurred on appeal; and (3) the Stipulation is dated and signed by counsel for all parties appearing in this appeal.
The briefing period has expired, and Plaintiff-Appellee Joseph G. Blackburn, II (Blackburn), and Defendant/Cross-claim Defendant-Appellee Richard D. Gronna, as Personal Representative of the Estate of Robert McCormick Browne (Gronna), have not filed briefs. We thus construe Blackburn and Gronna as nominal parties, and do not require their counsels' signatures on the stipulation.
Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal.
IT IS FURTHER ORDERED that the June 7, 2024 Order for Supplemental Briefing is vacated.