October 2, 2013
ASSOCIATION OF APARTMENT OWNERS OF NA HALE O MAKENA, Plaintiff/Counterclaim Defendant/Cross-claim Defendant/Appellee,
DUFFY HERMAN, et al., Defendants/Counterclaimants/Cross-claim Defendants/Appellants, and COLLETTE M. DRYDEN, TRUSTEE OF THE FREDERICK W. DRYDEN TRUST, Defendant/Counterclaimant/Cross-claimant/Appellee, and BANK OF AMERICA, et al., Defendants/Crossclaim Defendants/Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; DOE ENTITIES 1-10; DOE GOVERNMENTAL UNITS 1-10, Defendants/Appellees
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 10-1-00607)
By: Nakamura, C.J., Leonard and Reifurth, JJ.
ORDER APPROVING THE STIPULATION FOR DISMISSAL WITHOUT PREJUDICE AS TO ALL CLAIMS AND ALL PARTIES FILED ON SEPTEMBER 16, 2013
Upon consideration' of the Stipulation for Dismissal Without Prejudice as to All Claims and All Parties, filed September 16, 2013, by Defendants/Counterclaimants/Cross-claim. Defendants/Appellants Duffy Herman, Patricia Morris a/k/a Tricia Morris, Jonathan Herman, and Magical Maui Homes dba Aloha Luxury Properties, 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 Rule 42(b); and (3) the parties agree to bear their own attorneys' fees and costs on appeal.
Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved and the appeal is dismissed. The parties shall bear their own attorneys' fees and costs.