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Sunset Heights Hawaii, LLC v. Hawaiian Dredging Construction Co. Inc.

Intermediate Court of Appeals of Hawaii

November 22, 2013

SUNSET HEIGHTS HAWAII, LLC, Plaintiff-Appellee,
v.
HAWAIIAN DREDGING CONSTRUCTION CO., INC., et al., Defendants-Appellants, . And ALCAL/ARCADE CONTRACTING, INC., et al., Defendants/Third-Party Plaintiffs-Appellees,
v.
ASSOCIATION OF APARTMENT OWNERS OF KO'OLANI, INC., et al., Third-Party Defendants-Appellees, and WATTS RADIANT, INC., Third-Party Plaintiff-Appellee,
v.
MURRAY CORPORATION, BOW PLASTICS, LTD., et al., Third-Party Defendants-Appellees and BOW PLASTICS, LTD. AND BOW PLUMBING GROUP, Third-Party Plaintiffs-Appellees,
v.
ASIA UNION CO., LTD., Third-Party Defendant-Appellees (CIVIL NO. 08-1-1350-07) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA and CHARTIS SPECIALTY INSURANCE COMPANY, Plaintiffs-Appellees,
v.
SUNSET HEIGHTS HAWAII, LLC, et al., Defendants-Appellees, and HAWAIIAN DREDGING CONSTRUCTION CO., INC., Third-Party Plaintiff-Appellee,
v.
MARSH USA, INC., Third-Party Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

Foley, Presiding Judge, Reifurth and Ginoza, JJ.

ORDER GRANTING THE OCTOBER 29, 2013 MOTION TO DISMISS APPEAL

Upon consideration of the motion to dismiss appeal (Motion to Dismiss) filed on October 29, 2013, by Defendants-Appellants Hawaiian Dredging Construction Co., Inc., Fidelity & Deposit Company of Maryland, and Zurich American Insurance Company, the papers in support, the records and files herein, and noting no opposition,

IT IS HEREBY ORDERED that the Motion to Dismiss is granted, and the appeal is dismissed, with the parties to bear their own fees and costs.


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