Association of Apartment Owners of Diamond Head Vista v. Bikini LLC

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
14-OCT-2020
09:55 AM
Dkt. 25 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

ASSOCIATION OF APARTMENT OWNERS OF DIAMOND HEAD VISTA
by its Board of Directors, Plaintiff-Appellee, v.
BIKINI LLC, a Hawaii limited liability company,
Defendant-Appellant, and BANK OF HAWAII, a Hawaii corporation,
Defendant-Appellee, and JOHN DOES 1-5; JANE DOES 1-5;
DOE PARTNERSHIPS 1-5; DOE CORPORATIONS 1-5; DOE ENTITIES 1-5;
and DOE GOVERNMENTAL UNITS 1-5, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC181001079)

ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL
(By: Ginoza, Chief Judge, Chan and Wadsworth, JJ.)

Upon consideration of the "Stipulation for Dismissal of
Appeal Filed April 20, 2020" (Stipulation), filed July 24, 2020,
by Defendant-Appellant Bikini, LLC, the papers in support, and
the record, it appears that (1) the appeal has been docketed;
(2) the parties stipulate to dismiss the appeal with prejudice;
(3) the Stipulation is dated and signed by counsel for all
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

parties appearing in the appeal; and (4) dismissal is authorized
by Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(b).1
Therefore, IT IS HEREBY ORDERED that the Stipulation is
approved and the appeal is dismissed with prejudice.
DATED: Honolulu, Hawai#i, October 14, 2020.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Derrick H.M. Chan
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

1
Under HRAP Rule 2, the court suspends the requirement in HRAP
Rule 42(b) that a stipulation to dismiss an appeal specify the terms as to
payment of costs, which the parties omitted from the Stipulation.

2