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McGrath Properties, I, LLC v. Association of Apartment Owners of Lihue Townhouse

Intermediate Court of Appeals of Hawaii

May 21, 2013

MCGRATH PROPERTIES, I, LLC a Hawai'i limited liability company, and SUZANNE M. KITAMURA, as Custodian for DAP, a minor child, Plaintiffs/Counterclaim-Defendants/Appellants,
v.
ASSOCIATION OF APARTMENT OWNERS OF LIHUE TOWNHOUSE, Defendant/Counterclaim Plaintiff/Appellee, and CONRAD MURASHIGE; SHANNON BRUNNER; RAE NISHIKAWA; PATRICK MAKER; MARK MYERS; AND RES, LLC, REAL ESTATE SERVICES, a Hawai'i limited liability company, Defendants-Appellees and JOHN DOES 1-10, JANE DOES 1-10, DOE CORPORATIONS 1-10, DOE PARTNERSHIPS 1-10, AND DOE GOVERNMENTAL ENTITIES 1-10, Defendants

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 10-1-0060)

Nakamura, C.J., Foley and Ginoza, JJ.

ORDER GRANTING THE MAY 7, 2013 MOTION TO DISMISS APPEAL

Upon consideration of "Defendants-Appellees AOAO of Lihue Townhouse, Conrad Murashige, Shannon Brunner, Rae Nishikawa, Patrick Maher, Mark Myers, and RE3, LLC, Real Estate Services' [(Appellees)] Motion to Dismiss Appeal by Plaintiff-Appellant Suzanne Kitamura, Individually, " filed May 7, 2013, the papers in support, the record and files herein, and there being no opposition, it appears that:

(1) On April 3, 2013, the court found Plaintiff-Appellant Suzanne Kitamura (Appellant Kitamura), who appeared as Custodian for DAF, a minor, may also have an individual interest in this appeal, granted Appellant Kitamura's March 25, 2013 pro se motion for a second extension to file an opening brief in her individual capacity, and extended the due date for that brief to May 3, 2013; and

(2) Thereafter, Appellant Kitamura did not file an opening brief in her individual capacity. Therefore,

IT IS HEREBY ORDERED that Appellees' motion to dismiss the appeal by Appellant Kitamura in her individual capacity is granted, and the appeal is dismissed.


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