July 17, 2013
R3BST, LLC. Plaintiff-Appellant,
THE COUNTY OF KAUAI; KAUAI PLANNING DEPARTMENT; KAUAI PLANNING COMMISSION; et al., Defendants-Appellees
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 10-1-0026) ORDER APPROVING THE JULY 2, 2013 STIPULATION
Nakamura, C.J., Leonard and Reifurth, JJ.
FOR DISMISSAL OF ALL PARTIES AND ALL CLAIMS WITH PREJUDICE
Upon consideration of the "Stipulation for Dismissal of All Parties and All Claims With Prejudice, " filed July 2, 2013, by Plaintiff-Appellant R3BST, LLC, and the record, it appears that (1) the stipulation is dated and signed by counsel for all parties; (2) the parties seek dismissal of the appeal pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42 (b) but HRAP Rule 42(b) applies only where the appeal has been docketed and the record on appeal has not been filed in this case; (3) dismissal is appropriate pursuant to HRAP Rule 42 (a); and (4) the parties agree to bear their own costs and fees on appeal. Therefore,
IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, pursuant to HRAP Rule 42(a), and the appeal is dismissed. The parties shall bear their own appellate costs and fees.