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Suhset Heights Hawaii, LLC v. Lincolne Scott, Inc.

Intermediate Court of Appeals of Hawaii

November 8, 2013

SUHSET HEIGHTS HAWAII, LLC, Plaintiff-Appellee,
v.
LINCOLNE SCOTT, INC., Defendant/Cross-Defendant-Appellant and HAWAIIAN DREDGING CONSTRUCTION CO., INC., et al., Defendants-Appellees, AND ASSOCIATED STEEL WORKERS, LTD., et al., Defendants/Third-Party Plaintiffs-Appellees,
v.
ASSOCIATION OF APARTMENT OWNERS OF KO'OLANI, et al., Third-Party Defendants-Appellees, AND WATTS RADIANT, INC., Cross-Claimant-Appellee,
v.
LINCOLNE SCOTT, INC., Cross-Defendant-Appellant, and SUNSET HEIGHTS HAWAII, LLC, et al., Cross-Defendants-Appellees AND WATTS RADIANT, INC., Third-Party Plaintiff-Appellee,
v.
MURRAY CORPORATION, et al., Third-Party Defendants-Appellees

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 08-1-1350-07)

Steven K. Hisaka and Kunio Kuwabe (Hisaka Yoshida & Cosgrove) for Defendant/Cross-Defendant-Appellant .

Foley, Presiding Judge, Fujise and Reifurth, JJ.

ORDER RE: MOTION FOR DISMISSAL WITH PREJUDICE OF THE APPEAL

Upon consideration of Defendant/Cross-Defendant-Appellant Lincolne Scott, Inc., nka WSP Lincolne Scott Inc.'s Motion for Dismissal with Prejudice of the Appeal filed on August 29, 2013 (Motion), the papers in support, the records and files herein, and there being no opposition, it appears that all parties to the underlying litigation have finalized and executed a global settlement agreement providing that, among other things, a dismissal of the claims in the underlying civil action would be forthcoming.

It further appears that a Stipulation & Order for Dismissal of all Remaining Claims & Parties was filed in the underlying civil action, in Circuit Court of the First Circuit, on October 25, 2013.

Therefore, IT IS HEREBY ORDERED that the Motion is granted and the appeal is dismissed with prejudice


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