Opinion
NO. CAAP-15-0000397
06-14-2016
CHERIE A. HAFFNER and CLIFTON ALAN SORENSEN, Plaintiffs-Appellees, v. PHH MORTGAGE CORPORATION, Defendant-Appellant, and CENTRAL PACIFIC BANK, JOHN DOES 1-10, JANE DOES 1-10, and DOE PARTNERSHIPS, CORPORATIONS OR OTHER 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NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT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. 11-1-0178) ORDER APPROVING THE JUNE 1, 2016 STIPULATION FOR DISMISSAL WITH PREJUDICE
(By: Foley, Presiding Judge, Leonard and Ginoza, JJ.)
Upon consideration of the "Stipulation for Dismissal With Prejudice as to the Notice of Appeal Filed May 7, 2015," filed June 1, 2016, by Defendant-Appellant PHH Mortgage Corporation, the papers in support, and the record, it appears that (1) pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(b), the parties stipulate to dismiss the appeal with prejudice, with each party to bear their own costs; (2) the stipulation is dated and signed by counsel for all parties appearing in the appeal; (3) HRAP Rule 42(a) authorizes dismissal of an appeal that has not been docketed, whereas HRAP Rule 42(b) authorizes dismissal of a docketed appeal; and (4) here, dismissal is authorized by HRAP Rule 42(a) because the appeal has not been docketed.
Therefore, IT IS HEREBY ORDERED that the stipulation is approved and the appeal is dismissed with prejudice. Each party shall bear their own costs on appeal.
DATED: Honolulu, Hawai'i, June 14, 2016.
/s/
Presiding Judge
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Associate Judge
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Associate Judge