IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
November 22, 2011
JOSEPH W. HARTLEY,
JOHN MARSH AND C. MIKAHALA KERMABON,
AND HEIRS OR ASSIGNS OF AKI, ET AL.,
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 07-1-0456)
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
(1) GRANTING STIPULATION TO DISMISS APPEAL OF DEFENDANT-APPELLANT JOHN MARSH and (2) ORDER SETTING DUE DATE OF THE OPENING BRIEF FOR DEFENDANT-APPELLANT C. MIKAHALA KERMABON
(By: Nakamura, C.J., Foley and Reifurth, JJ.)
Upon consideration of the Stipulation for Dismissal
With Prejudice; Request for Approval filed by Plaintiff-Appellee Joseph W. Hartley and Defendant-Appellant John Marsh, the papers in support, and the records and files herein, it appears that:
(1) on November 8, 2010, Defendant-Appellant John Marsh filed a notice of appeal; (2) on November 8, 2010, Defendant-Appellant C. Makahala Kermabon filed a notice of appeal; (3) in March, 2011, the parties agreed to participate in appellate mediation, and this court stayed briefing until the appeal was returned to the appellate docket; (4) the mediator submitted a mediator's report that the parties partially settled and the appeal was returned to the appellate docket; (5) Appellee and Defendant-Appellant John Marsh are stipulating to dismiss the appeal filed by Appellant Marsh with the parties to bear their own appellate costs and fees; (6) Defendant-Appellant C. Makahala Kermabon's appeal remains pending. Therefore,
IT IS HEREBY ORDERED that the stipulation for dismissal of Defendant-Appellant John Marsh's appeal is approved and the appeal filed by Appellant John Marsh is dismissed. IT IS FURTHER ORDERED that Defendant-Appellant C. Makahala Kermabon's appeal remains pending. The opening brief shall be filed within forty days from the date of this order, unless the time is otherwise extended pursuant to Hawaii Rules of Appellate Procedure Rule 29.
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