Napoleon v. Kailiwai

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
01-NOV-2024
07:53 AM
Dkt. 346 OAWST
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ALBERT K. NAPOLEON; SHERMAN U. NAPOLEON; EBEN S.K. NAPOLEON;
ROGER W.S.M. NAPOLEON, Plaintiffs-Appellees, v.
DAVID KAWALUNA KAILIWAI; JEROME AUWAE; JANET AWAI;
VICTORIA BAIELY; MARY CLEMENTE; GEORGE KAILIWAI, JR.;
ZALEI KAMAILE; HARRIET MAHOE; IVON OHELO; KENNETH PHILLIPS;
CHARLEEN TINAO; GLADYS TODD; EVANS YOUNG; SHARON YOUNG;
WARREN YOUNG; LLOYD YOUNG, JR.; CHRIS YOUNG, SR., and
NELLIE KAMAILE, Defendants-Appellants, and
STATE OF HAWAI I, Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 92-0786(1))

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)
Upon consideration of Defendants-Appellants Kailiwai et

al., Plaintiff-Appellee Roger W.S.M. Napoleon, Defendants-

Appellees Kunuiakea Family and Defendants-Appellees State of

Hawaii's Stipulation to Dismiss Appeal (Stipulation), filed

October 28, 2024, by Defendants-Appellants Kailiwai, et al., the

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

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

Hawai i Rules of Appellate Procedure Rule 42(b), the parties

stipulate to dismiss the appeal and bear their own attorneys'

fees and costs; and (3) the Stipulation is signed by counsel for

all appearing parties.
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Stipulation is

approved and the appeal is dismissed. The parties shall bear

their own attorneys' fees and costs.

DATED: Honolulu, Hawai i, November 1, 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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