October 21, 2013
GREGORY ALLAN LEE, Plaintiff-Appellant/Cross-Appellee,
BOBBI ANN'LEE, Defendant-Appellee/Cross-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-D NO. 01-1-2793)
Nakamura, C.J., Leonard and Reifurth, JJ.
ORDER APPROVING THE STIPULATION DISMISSING NOTICE OF APPEAL FILED 6/6/13, AMENDED NOTICE OF APPEAL FILED 8/14/13, AND NOTICE OF CROSS-APPEAL FILED 8/26/13 IN ICA CAAP 13-3127
Upon consideration of the "Stipulation Dismissing Notice of Appeal Filed 6/6/13, Amended Notice of Appeal Filed 8/14/13', and Notice of Cross-Appeal Filed 8/26/13 in ICA CAAP 13-3127, " filed October 7, 2013, by Plaintiff-Appellant/Cross-Appellee Gregory Allan Lee, the papers in support, 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 with prejudice, pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(b), but the appeal has not been docketed and HRAP Rule 42(a) is therefore applicable; 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, pursuant to HRAP Rule 42(a). The parties shall bear their own appellate costs and fees.