Opinion
NO. CAAP-15-0000922
05-19-2016
COMPASS BANK, Plaintiff-Appellee, v. PHINEAS MCCRAY CASADY, Defendant-Appellant, and LESLEY HEATHER-WAITES CASADY, MAKAO COMMUNITY ASSOCIATION, STATE OF HAWAI'I, DEPARTMENT OF TAXATION, UNITED STATE OF AMERICA, JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE CORPORATIONS 1-50, DOE ENTITIES 1-50, AND DOE GOVERNMENTAL UNITS 1-50, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 14-1-0153-01) ORDER APPROVING THE MAY 12, 2016 STIPULATION FOR DISMISSAL OF APPEAL WITH PREJUDICE
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon consideration of the "Stipulation for Dismissal of Appeal With Prejudice as to the Notice of Appeal, Filed December 9, 2015," filed May 12, 2016, by Plaintiff-Appellee Compass Bank, the papers in support, and the record, it appears that (1) the appeal has not been docketed; (2) the parties appearing in the appeal stipulate to dismiss the appeal with prejudice, with each party to bear their own attorneys' fees and costs; (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal; and (4) dismissal is authorized by Hawai'i Rules of Appellate Procedure Rule 42(a).
Therefore, IT IS HEREBY ORDERED that the stipulation is approved and the appeal is dismissed with prejudice. Each party shall bear their own attorneys' fees and costs.
DATED: Honolulu, Hawai'i, May 19, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge