Association of Apartment Owners of Diamond Head Vista v. Bikini LLC

• Court: Hawaii Intermediate Court of Appeals
• Decided: October 14, 2020
• Docket: CAAP-20-0000295
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 14-OCT-2020 09:55 AM Dkt. 25 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ASSOCIATION OF APARTMENT OWNERS OF DIAMOND HEAD VISTA by its Board of Directors, Plaintiff-Appellee, v. BIKINI LLC, a Hawaii limited liability company, Defendant-Appellant, and BANK OF HAWAII, a Hawaii corporation, Defendant-Appellee, and JOHN DOES 1-5; JANE DOES 1-5; DOE PARTNERSHIPS 1-5; DOE CORPORATIONS 1-5; DOE ENTITIES 1-5; and DOE GOVERNMENTAL UNITS 1-5, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC181001079)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Chan and Wadsworth, JJ.)

Upon consideration of the "Stipulation for Dismissal of Appeal Filed April 20, 2020" (Stipulation), filed July 24, 2020, by Defendant-Appellant Bikini, LLC, the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties stipulate to dismiss the appeal with prejudice; (3) the Stipulation is dated and signed by counsel for all NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

parties appearing in the appeal; and (4) dismissal is authorized by Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(b).1 Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. DATED: Honolulu, Hawai#i, October 14, 2020.

/s/ Lisa M. Ginoza Chief Judge

/s/ Derrick H.M. Chan Associate Judge

/s/ Clyde J. Wadsworth Associate Judge

1 Under HRAP Rule 2, the court suspends the requirement in HRAP Rule 42(b) that a stipulation to dismiss an appeal specify the terms as to payment of costs, which the parties omitted from the Stipulation.