Ho'olehua Housing v. Philipp

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
31-DEC-2020
08:16 AM
Dkt. 50 OAWST

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

HO#OLEHUA HOUSING, LP doing business as LOKAHI APARTMENTS
Plaintiff-Appellee, v.
ANTON PHILIPP, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT
NORTH AND SOUTH KONA DIVISION
(CIVIL NO. 3DRC-XX-XXXXXXX)

ORDER APPROVING STIPULATION
FOR DISMISSAL OF APPEAL WITH PREJUDICE
(By: Ginoza, Chief Judge, Leonard and Wadsworth, JJ.)
Upon consideration of the "Stipulation for Dismissal
With Prejudice of Anton Philipp's Appeal From the Order Granting
Motion for Partial Summary Judgment on the Issue of Possession
Filed October 20, 2020, Including the Minutes of the October 20,
2020 Hearing Regarding Supersedeas Bond, Filed October 28, 2020"
(Stipulation to Dismiss Appeal), filed December 15, 2020, by
Plaintiff-Appellee Ho#olehua Housing LP, the papers in support,
and the record, it appears that (1) the appeal has not been
docketed; (2) the parties stipulate to dismiss the appeal with
prejudice and bear their own attorneys' fees and costs; (3) the
Stipulation to Dismiss Appeal is dated and signed by counsel for
all parties appearing in the appeal; and (4) dismissal is
authorized by Hawai#i Rules of Appellate Procedure Rule 42(a).
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Therefore, IT IS HEREBY ORDERED that the Stipulation to
Dismiss Appeal is approved and the appeal is dismissed with
prejudice. The parties shall bear their own attorneys' fees and
costs.
DATED: Honolulu, Hawai#i, December 31, 2020.

/s/ Lisa M. Ginoza
Chief Judge

/s/ Katherine G. Leonard
Associate Judge

/s/ Clyde J. Wadsworth
Associate Judge

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