Pearl Ultra Lounge LLC v. Roselli

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-DEC-2021 08:46 AM Dkt. 17 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I PEARL ULTRA LOUNGE LLC, Plaintiff-Appellant, v. THOMAS ROSELLI; FIRST INSURANCE COMPANY OF HAWAII, LTD., FIRST FIRE AND CASUALTY INSURANCE OF HAWAII, INC., JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10 and DOE GOVERNMENTAL ENTITIES 1-10, Defendants-Appellees APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC131003177) ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Hiraoka and Wadsworth, JJ.) Upon consideration of the Stipulation to Voluntarily Dismiss Appeal with Prejudice, filed December 13, 2021, by Defendants-Appellees Thomas Roselli, First Insurance Company of Hawaii, Ltd., and First Fire and Casualty Insurance of Hawaii, Inc., 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fees and costs on appeal; (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal; NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER and (4) dismissal is authorized by Hawai#i Rules of Appellate Procedure Rule 42(a). 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. DATED: Honolulu, Hawai#i, December 17, 2021. /s/ Katherine G. Leonard Presiding Judge /s/ Keith K. Hiraoka Associate Judge /s/ Clyde J. Wadsworth Associate Judge 2