December 30, 2013
STATE OF HAWAI'I, Plaintiff-Appellee,
NICHOLAS D. BURNS, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CR. NO. 12-1-0630(4))
Nakamura, C.J., Leonard and Reifurth, JJ.
ORDER APPROVING THE DECEMBER 12, 2 013 STIPULATION OF THE PARTIES FOR DISMISSAL OF APPEAL
Upon consideration of the Stipulation of the Parties for Dismissal of Appeal and Order, filed December 12, 2013, by Defendant-Appellant Nicholas D. Burns (Appellant), the papers in support, and the record, it appears that (1) the parties seek dismissal of the appeal, pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(b); and (2) the stipulation is dated and signed by counsel for both parties, and includes a declaration by Appellant that complies with HRAP Rule 42 (c) .
Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved and the appeal is dismissed.