October 7, 2013
STATE OF HAWAI'I, Plaintiff-Appellee,
RALPH LACIVITA, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE DISTRICT COURT OF THE FIFTH CIRCUIT (CASE NO. 5DCW-12-0000287)
Nakamura, C.J., Leonard and Reifurth, JJ.
ORDER APPROVING THE SEPTEMBER 6, 2013 STIPULATION OF THE PARTIES FOR DISMISSAL OF APPEAL
Upon consideration of the Stipulation of the Parties for Dismissal of Appeal, filed September 6, 2013, by Defendant-Appellant Ralph J. Lacivita, the papers in support, and the record, it appears that (1) the stipulation is dated and signed by counsel for the parties; (2) the parties seek dismissal of the appeal pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42; (3) the parties agree to bear their own costs and fees on appeal; and (4) the stipulation includes a declaration signed by Appellant that complies with HRAP Rule 42(c).
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 appellate costs and fees.