Kobayashi v. City and County of Honolulu

• Court: Hawaii Intermediate Court of Appeals
• Decided: January 26, 2023
• Docket: CAAP-18-0000629
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 26-JAN-2023 07:53 AM Dkt. 307 OAWST

NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

YOSHIKO KOBAYASHI, 1 Plaintiff-Appellant/Cross-Appellee, v. CITY AND COUNTY OF HONOLULU, Defendant/Cross-Claim Defendant/Cross-Claim Plaintiff-Appellee/Cross-Appellee, and STATE OF HAWAI‘I, Defendant/Cross-Claim Plaintiff/ Cross-Claim Defendant-Appellee/Cross-Appellant, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10, AND DOE GOVERNMENTAL ENTITIES 1-10, Defendants.

CITY AND COUNTY OF HONOLULU, a Municipal Corporation organized and existing under the laws of the State of Hawai‘i, Third-Party Plaintiff/Counterclaim Defendant- Appellee/Cross-Appellee, v. STATE OF HAWAI‘I, Third-Party Defendant/Counterclaim Plaintiff/Cross-Claim Defendant-Appellee/Cross-Appellant, and FINISH LINE PROPERTIES, LLC., Third-Party Defendant/ Cross-Claim Plaintiff/Counterclaim Plaintiff-Appellee/ Cross-Appellee, and DOE DEFENDANTS 1-100, Third-Party Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 14-1-0921)

1 Pursuant to this court's Order entered on January 10, 2023, Yoshiko Kobayashi (Kobayashi) as the duly appointed Personal Representative of Shizuko Matsuda's estate in Probate No. 1-CLP-XX-XXXXXXX, was substituted as plaintiff in this case. NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Ginoza, Chief Judge, McCullen, J., and Circuit Court Judge Kubota) Upon consideration of Plaintiff-Appellant/Cross-

Appellee Yoshiko Kobayashi's and Defendant/Cross-Claim

Plaintiff/Cross-Claim Defendant-Appellee/Cross-Appellant State

of Hawaii's (State) January 11, 2023 "Stipulation to Dismiss

Appeal" (Stipulation to Dismiss), the papers in support, and the

record and files herein, it appears that:

(1) On January 11, 2023, Kobayashi's counsel

(Counsel) and the State filed the Stipulation to

Dismiss pursuant to Hawai‘i Rules of Appellate

Procedure (HRAP) Rule 42(b);

a. The Stipulation to Dismiss states

Kobayashi and the State "are the only

remaining parties to the appeal and

cross-appeal";

b. "The parties stipulate that each party

will bear their own fees and costs"; and

c. The Stipulation to Dismiss is dated and

signed by Counsel and the State's

counsel.

(2) This appeal was docketed on September 27, 2018.

(3) No payment is due.

2 NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

The Stipulation to Dismiss complies with HRAP

Rule 42(b) (providing in part that if "parties to a docketed

appeal or other proceeding sign and file a stipulation for

dismissal, specifying the terms as to payment of costs and" pay

the fees that are due, "the case shall be dismissed upon

approval by the appellate court").

Therefore, IT IS HEREBY ORDERED that the Stipulation

to Dismiss is granted.

DATED: Honolulu, Hawai‘i, January 26, 2023.

/s/ Lisa M. Ginoza Chief Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/ Peter K. Kubota Circuit Court Judge