Jadan v. State

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
17-OCT-2024
08:27 AM
Dkt. 23 OAWST
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

NICOLE JADAN, Plaintiff-Appellant, v.
STATE OF HAWAI I, DEPARTMENT OF LAND AND NATURAL RESOURCES,
Defendant/Third-Party Plaintiff-Appellee, and
IMUA LANDSCAPING CO., INC., Third-Party Defendant-Appellee

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

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon consideration of the Notice of Firm Name Change
and Disassociation of Cary T. Tanaka as Counsel for Third-Party
Defendant-Appellee Imua Landscaping Co., Inc. [(Imua
Landscaping)] (Notice), filed October 4, 2024, by attorney
Jared J. Say (Say), which the court construes as a motion to
withdraw as counsel, under Hawai i Rules of Appellate Procedure
(HRAP) Rule 50(a), the Stipulation for Dismissal with Prejudice
of all Claims and Parties (Stipulation), filed October 4, 2024,
by Imua Landscaping, the papers in support, and the record, it
appears that:
(1) Imua Landscaping is represented in this appeal by
Cary T. Tanaka (Tanaka), Greg H. Takase (Takase), and Say from
the Law Office of Cary T. Tanaka;
(2) The Notice states the Law Office of Cary T. Tanaka
changed its name to the Law Office of Darlene F. Itomura; Tanaka
is no longer associated with the firm; Tanaka's name should be
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

removed from the JEFS record for this case; and Takase and Say
should continue to be served with e-filings;
(3) HRAP Rule 50(a) provides with respect to
withdrawal, that an attorney moving to withdraw as counsel of
record "must show that notice of the motion was given by service
upon the attorney's client." HRAP Rule 50(a);
(4) The Notice does not specify whether the client was
informed of the withdrawal of counsel. Nonetheless, the court
will allow Tanaka to withdraw, but require Say to demonstrate
service of the Notice upon the client;
(5) The filing fees have been paid and the appeal has
been docketed;
(6) In the Stipulation, the parties stipulate to
dismiss the appeal with prejudice and bear their own attorneys'
fees and costs, under HRAP Rule 42. The Stipulation is signed by
counsel for all appearing parties; and
(7) Dismissal of the appeal is authorized by HRAP
Rule 42(a).
Therefore, IT IS HEREBY ORDERED that the Notice,
construed as a motion to withdraw as counsel, is granted. Within
ten days from the date of this order, Say shall file a
declaration, affidavit, or certificate of service indicating the
Notice was provided to the client, or that the client was
otherwise informed of Tanaka's withdrawal.
IT IS FURTHER ORDERED that the appellate clerk shall
end Tanaka as a party to this appeal in the Judiciary Information
Management System.
IT IS FURTHER ORDERED that the Stipulation is approved
and the appeal is dismissed with prejudice. The parties shall
bear their own attorneys' fees and costs.
DATED: Honolulu, Hawai i, October 17, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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