February 11, 2014
JPMORGAN CHASE BANK, NATIONAL ASSOCIATION, Plaintiff-Appellee,
DAVID CURTIS HOPPMANN and WENDY PAMELA HOPPMANN, Defendants-Appellants, and YUKIO ISHIKAWA and JANET ISHIKAWA, Defendants-Appellees, and JOHN and MARY DOES 1-10, Defendants
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 10-1-1770-08)
Foley, Presiding Judge, Fujise and Leonard, JJ.
ORDER GRANTING THE JANUARY 31, 2014 STIPULATED MOTION FOR VOLUNTARILY DISMISSAL
Upon consideration of the "Stipulated Motion for Voluntary Dismissal" of the appeal (Motion) filed on January 31, 2014 by Defendants-Appellants David Curtis Hoppmann and Wendy Pamela Hoppmann, and the records and files herein, it appears that the Motion mistakenly references as its basis the "Federal Rule of Appellate Procedure 42(b)" rather than the Hawai'i Rule of Appellate Procedure (HRAP) Rule 42(b); however the intent of the Motion to dismiss the appeal with the parties to bear their own appellate costs and fees is nevertheless clear, and the parties may move for reconsideration consistent with the time frame and parameters of HRAP Rule 40 if their intent is otherwise. Therefore,
IT IS HEREBY ORDERED that the Motion is granted, and the appeal is dismissed. The parties shall bear their own appellate costs and fees.