IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII
October 26, 2012
CAROL A. ADELKOFF,
STEVEN C. KAPLAN, DEFENDANT-APPELLANT
APPEAL FROM THE FAMILY COURT OF THE THIRD CIRCUIT (FC-D NO. 04-1-0155K)
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
ORDER GRANTING THE STIPULATION TO DISMISS APPEALS FILED ON MARCH 13 AND MAY 22, 2012
(By: Foley, Presiding Judge, Reifurth and Ginoza, JJ.)
Upon consideration of the "Stipulation to Dismiss
Appeals Filed on March 13 and May 22, 2012," filed on October 11, 2012 by Defendant-Appellant Steven C. Kaplan (Kaplan), the papers in support, and the records and files herein, it appears that (1) Kaplan and Plaintiff-Appellee Carol A. Adelkoff (Adelkoff) stipulate to dismiss Appeal No. CAAP-12-0000165 with prejudice, with each party to bear his or her own fees and costs associated with the appeal; (2) counsels for Kaplan and Adelkoff have signed the stipulation; (3) the record on appeal has not been filed; and (4) Hawaii Rules of Appellate Procedure Rule 42(a) provides, "If an appeal has not been docketed, the appeal shall be dismissed upon the filing of a stipulation for dismissal signed by all the parties."
Therefore, IT IS HEREBY ORDERED that Appeal No. CAAP- 12-0000165 is dismissed.
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