Helekahi v. Heirs and Assigns of Edgar Helekahi

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
22-FEB-2023
09:52 AM
Dkt. 59 OAWST
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ARLENE HELEKAHI, Plaintiff-Appellee, v. HEIRS AND
ASSIGNS OF EDGAR HELEKAHI; EDWARD HELEKAHI JR.;
EUGENE HELEKAHI; EARL HELEKAHI; ELUAH HELEKAHI;
LOLA HELEKAHI; LEILANI HELEKAHI; JOSEPH HELEKAHI;
HEIRS AND ASSIGNS OF KANUIHEANA; HEIRS AND ASSIGNS
OF NAWAI; HEIRS AND ASSIGNS OF THOMAS KEALOHA
KANUIHEANA, JR., also known as KEALOHA (k) and
KEALOHA KANUIHEAHANA; HEIRS AND ASSIGNS OF HELEN
KEALOHA KAHOOKANO; HEIRS AND ASSIGNS OF KUHEANA
(k); HEIRS AND ASSIGNS OF KAUMUALII KUHEANA (k);
KAHUAKAINUI HELEKAHI; HEIRS AND ASSIGNS OF MARY
MORRIS; HEIRS AND ASSIGNS OF W. BROOKS; COUNTY OF
MAUI, STATE OF HAWAI#I; OFFICE OF HAWAIIAN
AFFAIRS, and the following owners of adjoining
lands; EDGAR HELEKAHI, Deceased; PATRICK H.
SNIFFEN; MAGDALENA T. SNIFFEN; GEORGE ARAKAWA;
JANET ARAKAWA; G.S. ARAKAWA (Trust); J.T. ARAKAWA
(Trust); THELMA L.W. FARIA; KAPUNA SEASIDE, LLC;
and Heirs of persons named above who are deceased,
or persons holding under said Heirs, and spouses,
assigns, successors, personal representative,
executors, administrators, and trustees of persons
named above who are deceased, Defendants-
Appellees; SANDRA-LENE K. KEALOHA-APOLO; ERINELL
LAMALANI ASIS, Defendants-Appellants; LAWRENCE
CARNICELLI, Real Party Interest; and DOES 1
through 100; and all other persons unknown
claiming any right, title, estate, lien or
interest in the real property described and TO ALL
WHOM IT MAY CONCERN, Defendants.

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CASE NO. 2CC071000508)
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL
(By: Wadsworth, Presiding Judge, Nakasone and Chan, JJ.)
Upon consideration of the Stipulation for Dismissal of
Appeal, filed February 9, 2023, by Defendants-Appellants Sandra-
Lene K. Kealoha-Apolo and Erinell Lamalani Asis, 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 with prejudice and bear their own
attorneys' fees and costs, under Hawai#i Rules of Appellate
Procedure Rule 42(b); and (3) the stipulation is dated and signed
by counsel for all parties appearing in the appeal.
Therefore, IT IS HEREBY ORDERED that the stipulation is
approved and the appeal is dismissed with prejudice. The parties
shall bear their own attorneys' fees and costs.
IT IS FURTHER ORDERED that all pending motions are
dismissed.
DATED: Honolulu, Hawai#i, February 22, 2023.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Karen T. Nakasone
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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