Association of Apartment Owners of the Pearl Ridge Gardens and Pearl Ridge Tower v. Sagewater aka Phoenix Renovation Corp. dba Sagewater
This text of Association of Apartment Owners of the Pearl Ridge Gardens and Pearl Ridge Tower v. Sagewater aka Phoenix Renovation Corp. dba Sagewater (Association of Apartment Owners of the Pearl Ridge Gardens and Pearl Ridge Tower v. Sagewater aka Phoenix Renovation Corp. dba Sagewater) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 18-MAR-2024 08:01 AM Dkt. 76 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I
ASSOCIATION OF APARTMENT OWNERS OF THE PEARL RIDGE GARDENS AND PEARL RIDGE TOWER, Plaintiff-Appellant, v. SAGEWATER aka PHOENIX RENOVATION CORP. dba SAGEWATER, IOPONO HOLDING GROUP, LLC dba THE BERGEMAN PROJECT GROUP, DANA BERGEMAN, ROBERT SMOLIK, NAOMI MATHRE, Defendants-Appellees, and JOHN DOES 1-100, JANE DOES 1-100, DOE PARTNERSHIPS 1-100, DOE CORPORATIONS 1-100, and DOE ENTITIES 1-100, Defendants
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX)
ORDER (By: Wadsworth, Presiding Judge, Nakasone and McCullen, JJ.)
Upon consideration of Plaintiff-Appellant Association of Apartment Owners of the Pearl Ridge Gardens and Pearl Ridge Tower's (AOAO) February 13, 2024 Motion to Dismiss Appeal (Motion), the papers in support, Defendant-Appellee Sagewater aka Phoenix Renovation Corp. dba Sagewater's (Sagewater) February 15, 2024 "Statement of No Opposition" to the Motion, and the record, it appears that: (1) the appeal has been docketed; NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
(2) AOAO requests that this court dismiss AOAO's appeal with prejudice under Hawaii Rules of Appellate Procedure (HRAP) Rule 42(b), which Sagewater does not oppose; and (3) no other party to the case has made an appearance in the appeal or responded to the Motion. IT IS HEREBY ORDERED that the Motion is granted, and the appeal is dismissed with prejudice pursuant to HRAP Rule 42(b). The parties shall bear their own attorney's fees and costs on appeal. DATED: Honolulu, Hawai#i, March 18, 2024.
/s/ Clyde J. Wadsworth Presiding Judge
/s/ Karen T. Nakasone Associate Judge
/s/ Sonja M.P. McCullen Associate Judge
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