September 17, 2013
ERNEST CALLO and ANNETTE CALLO, Individually and on behalf of the Estate of DENISE CALLO, deceased, and SALLY RUIZ, As Next Friend of TR a minor, Plaintiffs-Appellees,
STATE OF HAWAI'I, JOHN DOES 1-5, JOHN DOE CORPORATIONS 1-5, JOHN DOE PARTNERSHIPS 1-5, ROE NON-PROFIT CORPORATIONS 1-5, and ROE GOVERNMENTAL AGENCIES 1-5, Defendants-Appellants KAREN R. DOUGHER and ROBERT MAKEKAU, Individually and on behalf of the Estate of JAMES MAKEKAU, Deceased, Plaintiffs-Appellees,
STATE OF HAWAI'I, ANNETTE CALLO and ERNEST CALLO, as the Special Administrators of the Estate of DENISE CALLO, deceased, DOE DEFENDANTS 1-10, Defendants-Appel1ants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NOS. 05-1-0219(3) and 05-1-0425 (1)).
Nakamura, C.J., Leonard and Reifurth, JJ.
ORDER APPROVING THE AUGUST 29, 2013 STIPULATION FOR DISMISSAL OF APPEAL WITH PREJUDICE
Upon consideration of the Stipulation of Dismissal of Appeal With Prejudice, filed August 29, 2 013, by Defendant- Appellant State of Hawai'i, the papers in support, and the record, it appears that (1) the stipulation is dated and signed counsel for all parties; (2) the parties seek dismissal of the appeal with prejudice, pursuant to Hawai'i Rules of Appellate Procedure Rule 42(b); and (3) 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 and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs.