Hayes, Sr. v. Kingsbarn Realty Capital, LLC
CourtHawaii Intermediate Court of Appeals
Date FiledOctober 30, 2026
DocketCAAP-26-0000620
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
30-OCT-2026
08:24 AM
Dkt. 18 OAWST
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI I
KEVIN J. HAYES, SR. and TOMOKO MATSUMOTO,
Petitioners-Appellees,
v.
KINGSBARN REALTY CAPITAL, LLC, Respondent-Appellant.
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CASE NO. 1CSP-XX-XXXXXXX)
ORDER APPROVING STIPULATION TO DISMISS APPEAL
(By: Wadsworth, Presiding Judge, McCullen and Gluck, JJ.)
Upon consideration of the Joint Stipulation to Dismiss
Appeal (Stipulation), filed October 9, 2026, by Respondent-
Appellant Kingsbarn Realty Capital, LLC, the papers in support,
and the record, it appears that:
(1) Under Hawai i Rules of Appellate Procedure (HRAP)
Rule 42(b), the parties stipulate to dismiss the appeal with
prejudice and bear their own attorneys' fees and costs on appeal;
(2) The Stipulation is dated and signed by counsel for
all appearing parties;
(3) The appeal has not been docketed; and
(4) HRAP Rule 42(b) governs dismissal of docketed
appeals, whereas HRAP Rule 42(a) authorizes dismissal before an
appeal is docketed.
Therefore, IT IS HEREBY ORDERED that the Stipulation is
approved and the appeal is dismissed with prejudice, pursuant to
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER
HRAP Rule 42(a). The parties shall bear their own attorneys'
fees and costs on appeal.
DATED: Honolulu, Hawai i, October 30, 2026.
/s/ Clyde J. Wadsworth
Presiding Judge
/s/ Sonja M.P. McCullen
Associate Judge
/s/ Daniel M. Gluck
Associate Judge
2