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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 30-OCT-2026 08:24 AM Dkt. 18 OAWST NO.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IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed with prejudice, pursuant to NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER HRAP Rule 42(a).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