Blackburn, II v. Gronna

NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
24-JUN-2024
08:07 AM
Dkt. 136 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I

JOSEPH G. BLACKBURN, II, Plaintiff-Appellee,
v.
RICHARD D. GRONNA, as Personal Representative of
THE ESTATE OF ROBERT MCCORMICK BROWNE,
Defendant/Cross-claim Defendant-Appellee,
and
KAMEHAMEHA SCHOOLS/BERNICE PAUAHI BISHOP ESTATE,
ELLIOT K. MILLS, in his capacity as Trustee, CRYSTAL K. ROSE,
in her capacity as Trustee, JENNIFER N. GOODYEAR-KAʻŌPUA, in her
capacity as Trustee, MICHELLE KAʻUHANE, in her capacity as
Trustee, and ROBERT K.W.H. NOBRIGA, in his capacity as Trustee,1
Defendants/Cross-claimants/Cross-claim Defendants-Appellees,
and
ST. FRANCIS MEDICAL CENTER, a Hawaii corporation,
Defendant/Cross-claim Defendant/Cross-claimant-Appellant,
and
DOES 1-10, Defendants

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

ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: McCullen, Presiding Judge, Guidry, J., and
Circuit Court Judge Viola, in place of Leonard, Acting
Chief Judge, Hiraoka, Wadsworth and Nakasone, JJ., recused.)

1 Pursuant to Hawaii Rules of Evidence Rule 201 and Hawaiʻi Rules of
Appellate Procedure Rule 43(c)(1), we take judicial notice that Crystal K.
Rose, Jennifer N. Goodyear-Kaʻōpua, and Michelle Kaʻuhane, are current
Trustees of the Estate of Bernice Pauahi Bishop and are automatically
substituted as Defendants/Cross-claimants/Cross-claim Defendants-Appellees in
place of Micah A.K. Kane, Lance K. Wilhelm, and Corbett A.K. Kalama.
NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER

Upon consideration of the Stipulation for Dismissal of
Appeal With Prejudice (Stipulation), filed June 14, 2024, by
Defendant/Cross-claim Defendant/Cross-claimant-Appellant,
St. Francis Medical Center, a Hawaii corporation, the papers in
support, and the record, it appears that: (1) the appeal has
been docketed and the filing fees paid; (2) under Hawaiʻi Rules
of Appellate Procedure Rule 42(b), the parties stipulate to
dismiss the appeal with prejudice and that each party shall bear
their own attorneys' fees and costs incurred on appeal; and (3)
the Stipulation is dated and signed by counsel for all parties
appearing in this appeal.2
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 on
appeal.
IT IS FURTHER ORDERED that the June 7, 2024 Order for
Supplemental Briefing is vacated.
DATED: Honolulu, Hawaiʻi, June 24, 2024.
/s/ Sonja M.P. McCullen
Presiding Judge

/s/ Kimberly T. Guidry
Associate Judge

/s/ Matthew J. Viola
Circuit Court Judge

2 The briefing period has expired, and Plaintiff-Appellee Joseph G.
Blackburn, II (Blackburn), and Defendant/Cross-claim Defendant-Appellee
Richard D. Gronna, as Personal Representative of the Estate of Robert
McCormick Browne (Gronna), have not filed briefs. We thus construe Blackburn
and Gronna as nominal parties, and do not require their counsels' signatures
on the stipulation.
2