Opinion
NO. CAAP-13-0000106
09-26-2014
THELMA Y. OSHIRO, Plaintiff-Appellee, v. MALCOLM I. OSHIRO, Defendant-Appellant, (FC-D NO. 11-1-0288) In the Matter of the Guardianship of THELMA YUKIE OSHIRO, Respondent (FC-G NO. 11-1-0036)
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT ORDER GRANTING THE SEPTEMBER 15, 2014
STIPULATION TO DISMISS APPEAL
(By: Nakamura, C.J., Foley and Ginoza, JJ.)
Upon consideration of the Stipulation to Dismiss Appeal, filed by Defendant/Petitioner/Appellant Malcolm I. Oshiro and Petitioner-Appellant Mavis M. Nakahashi (Appellants), on September 15, 2014, and the record, it appears that (1) Appellants and Plaintiff/Respondent/Appellee Thelma Y. Oshiro (Thelma Oshiro) stipulate to dismiss Appeal No. CAAP-13-0000106; (2) Appellants and Thelma Oshiro, through their attorneys, have signed the stipulation; (3) the stipulation provides that "[t]he parties shall each be responsible for their own attorneys fees and costs"; (4) no fees are due; and (5) Hawai'i Rules of Appellate Procedure Rule 42(b) provides, "If the parties to a docketed appeal or other proceeding sign and file a stipulation for dismissal, specifying the terms as to payment of costs, and pay whatever fees are due, the case shall be dismissed upon approval by the appellate court[.]"
Therefore, IT IS HEREBY ORDERED that Appeal No. CAAP-13-0000106 is dismissed. Appellants and Thelma Oshiro shall bear their own appellate costs and fees.
DATED: Honolulu, Hawai'i, September 26, 2014.
Chief Judge
Associate Judge
Associate Judge