IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
February 27, 2012
IN THE MATTER OF THE CLAIM OF GORDON P. MARTINS, CLAIMANT-APPELLANT-APPELLEE,
DWIGHT TAKAMINE, DIRECTOR DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS; STATE OF HAWAII, DEPARTMENT OF LABOR AND INDUSTRIAL RELATIONS,
APPELLEE-APPELLANT, AND ALEXANDER & BALDWIN, INC. DBA HC&S (2009-042), EMPLOYER-APPELLEE-APPELLEE
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 09-1-0597(3))
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
ORDER GRANTING THE STIPULATION FOR DISMISSAL OF APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon consideration of the Stipulation for Dismissal of Appeal signed by Appellee-Appellant Dwight Takamine, Director of the Department of Labor and Industrial Relations and Claimant- Appellant/Appellee Gordon P. Martins, the papers in support, and NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER the records and files herein, it appears that: (1) on August 17, 2011, Appellee-Appellant filed a notice of appeal; (2) AppelleeAppellant and Claimant-Appellee Martins are now stipulating to dismiss Appellant's appeal with the parties to bear their own appellate costs and fees; and (3) according to footnote 2 of the stipulation and the record on appeal, Employer-Appellant Alexander & Baldwin did not enter an appearance in the circuit court proceeding or this appeal.
Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss Appellee-Appellant's appeal is granted, and this appeal is dismissed. The parties shall bear their own appellate fees and costs.
DATED: Honolulu, Hawaii, March 1, 2012.
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