Wanca v. Alii Beach AOAO

• Court: Hawaii Intermediate Court of Appeals
• Decided: August 6, 2025
• Docket: CAAP-22-0000572
• Status: Published

Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 06-AUG-2025 08:12 AM Dkt. 59 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

FRANK M. WANCA, Plaintiff/Counterclaim Defendant-Appellant, v. ALII BEACH AOAO, Defendant/Cross-claim Defendant-Appellee; RAY CHARLES COOPER; MARYANN JONES; ROY L. PUEN; MIRIAN PUEN, Defendants/Counterclaimants/Cross-claimants-Appellees; JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10, and DOE GOVERNMENTAL UNITS 1-10, Defendants

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CC181000246)

ORDER APPROVING STIPULATION TO DISMISS APPEAL AND DISCHARGING ORDER TO SHOW CAUSE (By: Nakasone, Chief Judge, McCullen and Guidry, JJ.)

On February 24, 2025, this court received "Appellant

and Appellees Joint Notice of Settlement," informing the court

that Plaintiff/Counterclaim Defendant-Appellant Frank M. Wanca

(Wanca) and Defendants/Counterclaimants/Cross-claimants- NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Appellees Ray Charles Cooper, Maryann Jones, Roy L. Puen and

Mirian Puen (collectively, the Appellees)1 had reached a

settlement agreement which mooted this appeal, and that the

Parties intended to file a stipulation to dismiss this appeal.

Nothing further was filed with this court. On July

22, 2025, this court filed an Order to Show Cause (OSC) ordering

that, within seven (7) days of the OSC, the Parties shall show

cause why this appeal should not be dismissed as moot.

On July 23, 2025, the Parties filed a "Stipulation to

Dismiss Appeal and Order" (Stipulation), stipulating and

agreeing to dismiss CAAP-XX-XXXXXXX with prejudice.

Upon consideration of the Stipulation, pursuant to

Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 42(b), the

papers in support, and the record, it appears that: (1) the

appeal has been docketed and the filing fees have been paid; (2)

the parties stipulate to dismiss the appeal and bear their own

costs and attorneys' fees associated with this appeal; and (3)

the Stipulation has been signed by counsel for all parties

appearing in this appeal.

Therefore, IT IS HEREBY ORDERED that the Stipulation

is approved, and the appeal is dismissed with prejudice. The

1 Wanca and the Appellees are collectively referred to as the Parties.

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

parties shall bear their own costs and attorneys' fees in this

appeal.

IT IS FURTHER ORDERED that no further action shall be

taken on the OSC filed in this case on July 22, 2025.

DATED: Honolulu, Hawaiʻi, August 6, 2025

/s/ Karen T. Nakasone Chief Judge

/s/ Sonja M.P. McCullen Associate Judge

/s/Kimberly T. Guidry Associate Judge