Rose v. City and County of Honolulu ( 2022 )

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-MAR-2022 08:21 AM Dkt. 10 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I KAREN SHIRLIE ROSE and GLENN ROSE, Plaintiffs-Appellees, v. CITY AND COUNTY OF HONOLULU; UKULELE FESTIVAL HAWAII, a Hawai#i Nonprofit Corporation; JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE GOVERNMENTAL ENTITIES 1-10, Defendants-Appellants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC191001099) ORDER APPROVING IN PART STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.) Upon consideration of the March 24, 2022 Stipulation for Dismissal of Appeal Without Prejudice filed by Defendant- Appellant Ukulele Festival Hawaii, the papers in support, and the record, it appears that (1) the appeal has not been docketed; (2) pursuant to Hawai#i Rules of Appellate Procedure Rule 42(a), the parties stipulate to dismiss the appeal without prejudice and bear their own attorneys' fees and costs; and (3) the stipulation NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER is dated and signed by counsel for all parties appearing in the appeal. IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved in part, and the appeal is dismissed.1 The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, March 30, 2022. /s/ Lisa M. Ginoza Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Sonja M.P. McCullen Associate Judge 1 The appeal cannot be dismissed without prejudice because a dismissal could, among other things, affect the parties' ability to appeal from prior decisions or orders in this case. The parties may seek reconsideration of this order. 2