Bertelmann v. Penn, III

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
02-OCT-2025
08:05 AM
Dkt. 21 OGMD
NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

KEALIIOKEKAI BERTELMANN, Plaintiff-Appellee,
v.
JAY DEE (BJ) PENN, III, Defendant-Appellant.

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

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.)
Upon consideration of Defendant-Appellant Jay Dee (BJ)
Penn, III's September 22, 2025 "Notice of Voluntary Dismissal of
Appeal," which the court construes as a motion to dismiss appeal
(Motion), the papers in support, and the record,
IT IS HEREBY ORDERED that the Motion is granted and the
appeal is dismissed. The parties shall bear their own fees and
costs.
DATED: Honolulu, Hawai#i, October 2, 2025.

/s/ Clyde J. Wadsworth
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Kimberly T. Guidry
Associate Judge