Kona Mike's Surf Adventures, LLC v. Chang

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
07-APR-2025
08:20 AM
Dkt. 24 OAWST
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

KONA MIKE'S SURF ADVENTURES, LLC, SURF LESSONS HAWAII LLC
dba HAWAII LIFEGUARD SURF INSTRUCTORS,
KONA ADVENTURE DIVISION, INC., and TIFANI STEGEHUIS,
Plaintiffs-Appellees, v.
DAWN N.S. CHANG and DEPARTMENT OF LAND AND NATURAL RESOURCES,
Defendants-Appellants.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT
(CIVIL NO. 3CCV-XX-XXXXXXX)

ORDER APPROVING STIPULATION FOR
DISMISSAL WITH PREJUDICE OF THE APPEAL
(By: Leonard, Acting Chief Judge, Wadsworth and McCullen JJ.)

Upon consideration of the March 21, 2025 Stipulation
for Dismissal With Prejudice of the Appeal (Stipulation) filed by
Defendants-Appellants Dawn N.S. Chang and Department of Land and
Natural Resources (State), the papers in support, and the record,
it appears that (1) the State and Plaintiffs-Appellees Kona
Mike's Surf Adventures, LLC, Surf Lessons Hawaii LLC dba Hawaii
Lifeguard Surf Instructors, Kona Adventure Division, Inc., and
Tifani Stegehuis stipulate to dismiss this appeal with prejudice
and each party shall bear their own attorneys' fees and costs,
(2) the parties' attorneys have signed the Stipulation, (3) the
appeal has not been docketed, and (4) Hawai#i Rules of Appellate
Procedure Rule 42(a) provides that where an appeal has not been
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

docketed, "the appeal shall be dismissed upon the filing of a
stipulation for dismissal signed by all the parties . . . ."
Therefore, IT IS HEREBY ORDERED that the Stipulation is
approved and the appeal is dismissed with prejudice. Each party
shall bear their own attorneys' fees and costs.
DATED: Honolulu, Hawai#i, April 7, 2025.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Clyde J. Wadsworth
Associate Judge

/s/ Sonja M.P. McCullen
Associate Judge

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