Opinion
25790
December 19, 2003.
APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 97-0622).
Kunio Kuwabe, for Real Party in Interest-Appellant/Cross-Appellee Gale L.F. Ching on the motion.
Alika Thoene, Real Party in Interest-Appellee/Cross-Appellant, pro se, on the motion.
MOON, C.J., LEVINSON, NAKAYAMA, ACOBA, and DUFFY, JJ.
ORDER GRANTING MOTIONS FOR DISMISSAL OF APPEAL
Upon consideration of: (1) Real Party in Interest-Appellant/Cross-Appellee Gale L.F. Ching's motion for dismissal of appeal; (2) Real Party in Interest/Cross-Appellant Alika Thoene's motion for dismissal of appeal; and (3) the records and files herein, it appears that: (1) on April 24, 2003, Appellant Ching filed a notice of appeal from the findings of fact, conclusions of law and order that imposed sanctions against Appellant Ching and Cross-Appellant Thoene; (2) on May 6, 2003, Cross-Appellant Thoene filed a notice of cross-appeal; (3) during the pendency of this appeal, the parties to the underlying case entered into a settlement resolving all issues, including the order imposing sanctions; (4) on December 3, 2003, the circuit court entered an order granting Appellant Ching's motion to vacate and set aside the order that is the subject of Ching's appeal; (5) on December 3, 2003, the circuit court granted Cross-Appellant Thoene's motion to vacate and set aside the order that is the subject of Thoene's cross-appeal; and (6) as a result of the settlement and the circuit court order vacating and setting aside the order that is the subject of this appeal, Appellant Ching and Cross-Appellant Thoene no longer wish to pursue their respective appeals. Therefore,
IT IS HEREBY ORDERED that Appellant Ching's motion for dismissal of his appeal is granted, and the appeal is dismissed.
IT IS FURTHER ORDERED that Cross-Appellant Thoene's motion for dismissal of his appeal is granted, and the cross-appeal is dismissed.