Rodriguez v. AOAO Kihei Alii Kai, Inc

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
03-JUN-2024
07:51 AM
Dkt. 37 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

ANTHONY RODRIGUEZ, Claimant-Appellant-Appellee, v.
AOAO KIHEI ALII KAI, INC., Employer-Appellee-Appellant, and
MARKEL INSURANCE COMPANY, adjusted by Markel Service, Inc.,
Insurance Carrier/Adjuster-Appellee-Appellant

APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD
(CASE NO. AB 2023-049(M); DCD NO. 7-16-01131)

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.)
Upon consideration of the Amended Motion to Dismiss
Appeal with Prejudice (Amended Motion), filed May 24, 2024, by
AOAO Kihei Alii Kai, Inc., Employer-Appellee-Appellant, and
Markel Insurance Company, adjusted by Markel Service, Inc.,
Insurance Carrier/Adjuster-Appellee-Appellant, the papers in
support, and the record, it appears that (1) the appeal has not
been docketed; (2) the parties move to dismiss the appeal with
prejudice; (3) the Amended Motion is signed by counsel for all
parties appearing in the appeal; and (4) the requested relief is
authorized by Hawai i Rules of Appellate Procedure Rule 42(a).
Therefore, IT IS HEREBY ORDERED that the Amended Motion
is granted and the appeal is dismissed with prejudice.
DATED: Honolulu, Hawai i, June 3, 2024.

/s/ Katherine G. Leonard
Acting Chief Judge

/s/ Keith K. Hiraoka
Associate Judge

/s/ Karen T. Nakasone
Associate Judge