Full Opinion

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 22-OCT-2026 08:45 AM Dkt. 76 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I ASSOCIATION OF UNIT OWNERS OF WAIHONUA AT KEWALO, through its Board of Directors, Plaintiff-Appellee, v. KEWALO DEVELOPMENT, LLC; A & B PROPERTIES HAWAI#I, LLC, (fka A&B PROPERTIES, INC.), Defendants-Appellants, and HAWAIIAN DREDGING CONSTRUCTION COMPANY, INC.; FERGUSON ENTERPRISE, LLC; COMMERCIAL PLUMBING, INC.; UPONOR, INC.; DESIGN PARTNERS INCORPORATED, Defendants-Appellees, and DOES 2 THROUGH 100, Defendants KEWALO DEVELOPMENT, LLC; A & B PROPERTIES HAWAII, LLC (aka A&B PROPERTIES, INC.), Third-Party Plaintiffs-Appellants, v. PAPPAGEORGE HAYMES LTD. (aka PAPPAGEORGE HAYMES PARTNERS), Third-Party Defendant-Appellee UPONOR, INC., Third-Party Plaintiff-Appellee, v. HAWAIIAN WATER AND CHLORINATION, INC., Third-Party Defendant-Appellee PAPPAGEORGE HAYMES, LTD. (aka PAPPAGEORGE HAYMES PARTNERS), Additional Third-Party Plaintiff-Appellee, v. INSYNERGY ENGINEERING, INC., Additional Third-Party Defendant-Appellee, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; and DOE ENTITIES 1-10, Additional Third-Party Defendants NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX) ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Guidry and Gluck, JJ.) Upon consideration of the Stipulation for Dismissal with Prejudice of Appeal and Order (Stipulation), filed on October 20, 2026, by Defendants/Third-Party Plaintiffs-Appellants Kewalo Development, LLC and A & B Properties Hawaii, LLC (fka A&B Properties, Inc.), it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) under Hawai#i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal, with each party bearing its own attorneys' fees and costs; and (3) the Stipulation is signed by counsel for all parties. Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs incurred on appeal. DATED: Honolulu, Hawai#i, October 22, 2026. /s/ Katherine G. Leonard Presiding Judge /s/ Kimberly T. Guidry Associate Judge /s/ Daniel M. Gluck Associate Judge 2