NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 26-MAY-2021 09:01 AM Dkt. 55 ORD NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I JOHN DAVIS, Plaintiff-Appellant/Cross-Appellee, and HAWAII EMPLOYERS' MUTUAL INSURANCE COMPANY, INC., Plaintiff-Intervenor-Appellee/Cross-Appellee, v. GP SERVICES, LLC, Defendant-Appellee/Cross-Appellant; and YOUNG BROTHERS LIMITED; JOHN DOES 1-5; JANE DOES 1-5, DOE PARTNERSHIPS 1-5, DOE CORPORATIONS 1-5, ROE NON-PROFIT CORPORATIONS 1-5, and ROE GOVERNMENTAL ENTITIES 1-5, Defendants-Appellees/Cross-Appellees APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC111000497) ORDER GRANTING MOTION TO DISMISS APPEAL (By: Ginoza, Chief Judge, Leonard and Nakasone, JJ.) Upon consideration of Plaintiff-Appellant/Cross- Appellee John Davis's (Davis) April 23, 2021 Motion to Dismiss Appeal, the papers in support and in opposition, and the record, IT IS HEREBY ORDERED that the motion is granted and Davis's appeal is dismissed, under Hawai#i Rules of Appellate Procedure Rule 42(b). The parties shall bear their own attorneys' fees and costs in the appeal filed by Davis, without prejudice to the parties recovering attorneys' fees and costs in the cross-appeal filed by Defendant-Appellee/Cross-Appellant GP Services, LLC. DATED: Honolulu, Hawai#i, May 26, 2021. /s/ Lisa M. Ginoza Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Karen T. Nakasone Associate Judge