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Sunset Heights Hawaii, LLC v. All Pool & SPA Inc.

Intermediate Court of Appeals of Hawaii

November 14, 2013

SUNSET HEIGHTS HAWAII, LLC, Plaintiff-Appellee,
v.
ALL POOL & SPA, INC., CAULKING HAWAII, INC., et al., Defendants-Appellants, and HAWAIIAN DREDGING CONSTRUCTION CO., INC., FIDELITY & DEPOSIT COMPANY OF MARYLAND, Defendants-Appellees, and JOHN DOES 1-20, DOE BUSINESS ENTITIES 1-20, and DOE GOVERNMENTAL ENTITIES 1-20, Defendants ALCAL/ARCADE CONTRACTING, INC., ALL POOL & SPA, INC., et al., Defendants/Third-Party Plaintiffs-Appellants, and D.Y. MIKAMI CONSTRUCTION, INC., Defendant/Third-Party Plaintiff-Appellee,
v.
ASSOCIATION OF APARTMENT OWNERS OF KO'OLANI, WATTS WATER TECHNOLOGIES, INC., et al., Third-Party Defendants-Appellees, and DOE DEFENDANTS 1-50, Third-Party Defendants WATTS RADIANT, INC., Cross-Claimant Appellee,
v.
DORVIN LEIS, INC., Cross-Defendant Appellant, and SUNSET HEIGHTS HAWAII, LLC, THE DURRANT GROUP, INC., et al., Cross-Defendants Appellees, and JOHN AND JANE DOES 1-10, DOE CORPORATIONS 1-10, et al., Cross-Defendants WATTS RADIANT, INC., Third-Party Plaintiff-Appellee,
v.
MURRAY CORPORATION, BOW PLASTICS LTD., BOW PLUMBING GROUP, Third-Party Defendants-Appellees, and JOHN AND JANE DOES 1-10, DOE CORPORATIONS 1-10, et al., Third-Party Defendants SUNSET HEIGHTS HAWAII, LLC, Plaintiff-Appellee,
v.
HAWAIIAN DREDGING CONSTRUCTION CO., INC., et al., Defendants-Appellants, and ALL POOL & SPA, INC., CAULKING HAWAII, INC., DORVIN LEIS, INC., et al., Defendants-Appellees, and JOHN DOES 1-20, DOE BUSINESS ENTITIES 1-20, and DOE GOVERNMENTAL ENTITIES 1-20, Defendants ALCAL/ARCADE CONTRACTING INC., ALL POOL & SPA, INC., et al., Defendants/Third-Party Plaintiffs-Appellees,
v.
ASSOCIATION OF APARTMENT OWNERS OF KO'OLANI, WATTS WATER TECHNOLOGIES, INC., et al., Third-Party Defendants-Appellees, and DOE DEFENDANTS 1-50, Third-Party Defendants WATTS RADIANT, INC., Cross-Claimant Appellee,
v.
HAWAIIAN DREDGING CONSTRUCTION CO., INC., Cross-Defendant Appellant, and SUNSET HEIGHTS HAWAII, LLC, DORVIN LEIS, INC., et al., Cross-Defendants Appellees and JOHN AND JANE DOES 1-10, DOE CORPORATIONS 1-10, et al., Cross-Defendants WATTS RADIANT, INC., Third-Party Plaintiff-Appellee,
v.
MURRAY CORPORATION, BOW PLASTICS LTD., et al., Third-Party Defendants-Appellees, and JOHN AND JANE DOES 1-10, DOE CORPORATIONS 1-10, et al., Third-Party Defendants

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER

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

Keith K. Hiraoka Shannon L. Wack Jodie D. Roeca (Roeca Luria Hiraoka) for Defendants-Appellants on the motion.

Foley, Presiding J., Leonard and Ginoza, JJ.

ORDER GRANTING MOTION FOR DISMISSAL WITH PREJUDICE OF THE APPEAL

Upon consideration of "Defendants-Appellants Hawaiian Dredging Construction Company Inc., Fidelity & Deposit Company of Maryland And Zurich American Insurance Company's Motion For Dismissal With Prejudice Of The Appeal" (Motion) filed October 29, 2013, the papers in support, the records and files herein, and no objection having been filed, 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 And Order For Dismissal Of All Remaining Claims And Parties" was filed October 25, 2013 in the underlying civil action in the Circuit Court of the First Circuit.

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


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