Blackburn, II v. Gronna

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 24-JUN-2024 08:07 AM Dkt. 136 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

JOSEPH G. BLACKBURN, II, Plaintiff-Appellee, v.

RICHARD D. GRONNA, as Personal Representative of THE ESTATE OF ROBERT MCCORMICK BROWNE, Defendant/Cross-claim Defendant-Appellee, and

KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE, ELLIOT K. MILLS, in his capacity as Trustee, CRYSTAL K. ROSE, in her capacity as Trustee, JENNIFER N. GOODYEAR-KAʻŌPUA, in her capacity as Trustee, MICHELLE KAʻUHANE, in her capacity as Trustee, and ROBERT K.W.H. NOBRIGA, in his capacity as Trustee,1 Defendants/Cross-claimants/Cross-claim Defendants-Appellees, and

ST. FRANCIS MEDICAL CENTER, a Hawaii corporation, Defendant/Cross-claim Defendant/Cross-claimant-Appellant, and

DOES 1-10, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CASE NO. 1CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: McCullen, Presiding Judge, Guidry, J., and Circuit Court Judge Viola, in place of Leonard, Acting Chief Judge, Hiraoka, Wadsworth and Nakasone, JJ., recused.)

1 Pursuant to Hawaii Rules of Evidence Rule 201 and Hawaiʻi Rules of Appellate Procedure Rule 43(c)(1), we take judicial notice that Crystal K. Rose, Jennifer N. Goodyear-Kaʻōpua, and Michelle Kaʻuhane, are current Trustees of the Estate of Bernice Pauahi Bishop and are automatically substituted as Defendants/Cross-claimants/Cross-claim Defendants-Appellees in place of Micah A.K. Kane, Lance K. Wilhelm, and Corbett A.K. Kalama.

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Upon consideration of the Stipulation for Dismissal of Appeal With Prejudice (Stipulation), filed June 14, 2024, by Defendant/Cross-claim Defendant/Cross-claimant-Appellant, St. Francis Medical Center, a Hawaii corporation, the papers in support, and the record, it appears that: (1) the appeal has been docketed and the filing fees paid; (2) under Hawaiʻi Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal with prejudice and that each party shall bear their own attorneys' fees and costs incurred on appeal; and (3) the Stipulation is dated and signed by counsel for all parties appearing in this appeal.2 Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs on appeal.

IT IS FURTHER ORDERED that the June 7, 2024 Order for Supplemental Briefing is vacated.

DATED: Honolulu, Hawaiʻi, June 24, 2024.

/s/ Sonja M.P. McCullen Presiding Judge

/s/ Kimberly T. Guidry Associate Judge

/s/ Matthew J. Viola Circuit Court Judge

2 The briefing period has expired, and Plaintiff-Appellee Joseph G.

Blackburn, II (Blackburn), and Defendant/Cross-claim Defendant-Appellee Richard D. Gronna, as Personal Representative of the Estate of Robert McCormick Browne (Gronna), have not filed briefs. We thus construe Blackburn and Gronna as nominal parties, and do not require their counsels' signatures on the stipulation.