June 25, 2013
STATE OF HAWAI'I, DEPARTMENT OF HAWAIIAN HOME LANDS, Plaintiff-Appellee,
FREDERICK H.K. BAKER, JR., Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3RC12-1-615).
Nakamura, C.J., Foley and Reifurth, JJ.
ORDER GRANTING MOTION TO DISMISS APPEAL
Upon consideration of Defendant-Appellant Frederick H.K. Baker, Jr.'s "Motion to Voluntarily Dismiss His Appeal, " filed June 3, 2013, Plaintiff-Appellee State of Hawai'i, Department of Hawaiian Home Lands' "Statement of Position Regarding Appellant's Motion to Voluntarily Dismiss His Appeal Filed June 3, 2013, " filed June 5, 2013, 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. The dismissal is not an adjudication of the merits of the appeal, but Defendant-Appellant will not be entitled to reinstate his appeal at a later date. The parties shall bear their own appellate costs and fees.