January 2, 2014
BRAIGHANE LUIKA KALEO'NAHE PATRICIA MARS, Petitioner-Appellee,
DAVID EVIN BERRY, Defendant-Appellant
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE FAMILY COURT OF THE FIRST CIRCUIT (FC-P NO. 03-1-0247) ORDER APPROVING THE DECEMBER 17, 2013
Foley, Presiding Judge, Leonard and Reifurth, JJ.
STIPULATION FOR DISMISSAL OF APPEAL WITH PREJUDICE
Upon consideration of the Stipulation for Dismissal of Appeal With Prejudice, filed December 17, 2013, and the record, it appears that (1) the stipulation is dated and signed by counsel for all parties; (2) the parties seek to dismiss the appeal with prejudice, pursuant to Hawai'i Rules of Appellate Procedure Rule (HRAP) 42 (b), and agree to bear their own costs and attorneys' fees on appeal; (3) the appeal has not been docketed; and (4) dismissal is warranted under HRAP Rule 42(a) .
Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved and the appeal is dismissed with prejudice. The parties shall bear their own appellate costs and attorneys' fees.