Association of Apartment Owners of Waipouli Beach Resort v. Unlimited Construction Services, Inc.

• Court: Hawaii Intermediate Court of Appeals
• Decided: October 14, 2022
• Docket: CAAP-18-0000405
• 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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER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-2022 07:54 AM Dkt. 115 OAWST

NOS. CAAP-XX-XXXXXXX, CAAP-XX-XXXXXXX, and CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

CAAP-XX-XXXXXXX ASSOCIATION OF APARTMENT OWNERS OF WAIPOULI BEACH RESORT, through its Board of Directors, Plaintiff-Appellant, v. UNLIMITED CONSTRUCTION SERVICES, INC.; UNLIMITED WBR, LLC; UPONOR, INC.; DORVIN LEIS CO., INC.; STO CORP.; GROUP BUILDERS, INC.; DOES 1 THROUGH 100, Defendants-Appellees

AND CAAP-XX-XXXXXXX ASSOCIATION OF APARTMENT OWNERS OF WAIPOULI BEACH RESORT, through its Board of Directors, Plaintiff-Appellant, v. UNLIMITED CONSTRUCTION SERVICES, INC.; UNLIMITED WBR, LLC; UPONOR, INC.; DORVIN LEIS CO., INC.; STO CORP.; GROUP BUILDERS, INC.; DOES 1 THROUGH 100, Defendants-Appellees

AND CAAP-XX-XXXXXXX ASSOCIATION OF APARTMENT OWNERS OF WAIPOULI BEACH RESORT, through its Board of Directors, Plaintiff-Appellant, v. UNLIMITED CONSTRUCTION SERVICES, INC.; UNLIMITED WBR, LLC; UPONOR, INC.; DORVIN LEIS CO., INC.; STO CORP.; GROUP BUILDERS, INC.; DOES 1 THROUGH 100, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 13-1-0059) NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

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

Upon consideration of the "Stipulation for Dismissal of Appeal With Prejudice," filed on October 3, 2022, in CAAP-18- 0000405, CAAP-XX-XXXXXXX, and CAAP-XX-XXXXXXX, by Defendant- Appellee STO Corp. and signed on behalf of Plaintiff-Appellant Association of Apartment Owners of Waipouli Beach Resort and Defendants-Appellees Unlimited Construction Services, Inc., Unlimited WBR, LLC, Group Builders, Inc., Dorvin Leis Co., Inc., and STO Corp., and considering the papers in support and the record, it appears that: (1) the appeals have been docketed; (2) pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeals with prejudice and bear their own attorneys' fees and costs; and (3) the stipulations are dated and signed by counsel for all parties appearing in the appeals. Therefore, IT IS HEREBY ORDERED that the Stipulations for Dismissal of Appeal With Prejudice are approved, and the consolidated appeals are dismissed with prejudice. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, October 14, 2022.

/s/ Lisa M. Ginoza Chief Judge

/s/ Clyde J. Wadsworth Associate Judge

/s/ Karen T. Nakasone Associate Judge