June 18, 2013
STATE OF HAWAI'I, Plaintiff-Appellant,
CHAD WEIGLE, Defendant-Appellee
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CR. NO. 12-1-0506)
Nakamura, C.J., Foley and Ginoza, JJ.
ORDER GRANTING PLAINTIFF-APPELLANT'S JUNE 5, 2013 MOTION TO WITHDRAW NOTICE OF APPEAL
Upon consideration of the "Motion to Withdraw Notice of Appeal, " filed June 5, 2 013, by Plaintiff-Appellant State of Hawai'i, which the court will construe as a motion to dismiss the appeal, pursuant to Hawai'i Rules of Appellate Procedure Rule 42(a), the papers in support, and the record, it appears that this appeal has not been docketed. Therefore,
IT IS HEREBY ORDERED that the motion to dismiss the appeal is granted and the appeal is dismissed.