Association of Apartment Owners of the Windward Passage v. Heke

NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER



                                          Electronically Filed
                                          Intermediate Court of Appeals
                                          CAAP-XX-XXXXXXX
                                          20-DEC-2023
                                          08:45 AM
                                          Dkt. 67 OAWST


                       NO. CAAP-XX-XXXXXXX


              IN THE INTERMEDIATE COURT OF APPEALS

                     OF THE STATE OF HAWAIʻI


     ASSOCIATION OF APARTMENT OWNERS OF THE WINDWARD PASSAGE,
         by its Board of Directors, Plaintiff-Appellee, v.
                 SHEREE HEKE, Defendant-Appellant,
   THE ESTATE OF WALTER DIXON; JOHN DOES 1-10; JANE DOES 1-10;
        DOE PARTNERSHIPS 1-10; AND DOE CORPORATIONS 1-10,
                       Defendants-Appellees.


       APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
                    (CIVIL NO. 1CC171001088)


       ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL
      (By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.)
          Upon consideration of Plaintiff-Appellee Association

of Apartment Owners of Windward Passage's (Association) and

Self-represented Defendant-Appellant Sheree Heke's (Heke)

November 27, 2023 "Stipulation for Dismissal of Appeal with

Prejudice" (Stipulation to Dismiss), the papers in support, and

the record and files, it appears that:
NOT FOR PUBLICATION IN WEST'S HAWAIʻI REPORTS AND PACIFIC REPORTER

     (1)   On November 27, 2023, Association and Heke filed a

           Stipulation to Dismiss pursuant to Hawai‘i Rules of

           Appellate Procedure (HRAP) Rule 42(b);

               a.   The Stipulation to Dismiss states Association

                    and Heke stipulate that Heke's "appeal to the

                    Intermediate Court of Appeals of the State of

                    [Hawai‘i] from the Final Judgment filed in

                    Civil No. 17-1-1088-07 on November 5, 2020 is

                    hereby dismissed with prejudice";

               b.   The Stipulation to Dismiss also states "each

                    party will bear its own attorney's fees and

                    costs"; and

               c.   The Stipulation to Dismiss is dated and

                    signed by Heke and counsel for all parties

                    appearing in the appeal;

     (2)   This appeal was docketed on February 2, 2021.

     (3)   No payment is due.

           The Stipulation to Dismiss complies with HRAP

Rule 42(b) (providing in part that if "parties to a docketed

appeal or other proceeding sign and file a stipulation for

dismissal, specifying the terms as to payment of costs and" pay




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

the fees that are due, "the case shall be dismissed upon

approval by the appellate court").

          Therefore, IT IS ORDERED that the Stipulation to

Dismiss is approved and the appeal is dismissed with

prejudice.   The parties shall bear their own attorney's fees and

costs on appeal.

          DATED:   Honolulu, Hawai‘i, December 20, 2023.

                                     /s/ Lisa M. Ginoza
                                     Chief Judge

                                     /s/ Keith K. Hiraoka
                                     Associate Judge

                                     /s/ Sonja M.P. McCullen
                                     Associate Judge




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