November 6, 2013
DEL MONTE FRESH PRODUCE (HAWAII), INC., Plaintiff/Counterclaim Defendant-Appellant/Cross-Appellee,
FIREMAN'S FUND INSURANCE COMPANY, Defendant/Counterclaimant-Appellee/Cross-Appellant, and DEL MONTE FRESH PRODUCE COMPANY, Counterclaim Defendant-Appellant/Cross-Appellee, and AMERICAN HOME ASSURANCE COMPANY, et al., Defendants
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 97-3323-08)
Nakamura, C.J., Leonard and Reifurth, JJ.
ORDER APPROVING THE OCTOBER 1, 2013 STIPULATION FOR DISMISSAL OF APPEAL AND CROSS-APPEAL
Upon consideration of the Stipulation for Dismissal of Appeal and Cross-Appeal, filed October 1, 2 013, by-Defendant /Counterclaimant/Appellee/Cross-Appellant Fireman's Fund Insurance Company (Appellee), 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 and cross-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 and cross-appeal are dismissed with prejudice. The parties shall bear their own appellate costs and fees.