Background
T.T. filed an appeal in the Hawaii Intermediate Court of Appeals from a proceeding in the Family Court of the Fifth Circuit (Case No. 5DV211000054), in which S.T. was the defendant-appellee. The underlying matter appears to have been a divorce or domestic violence case, as indicated by the “5DV” case number prefix in the Fifth Circuit family court.
On June 22, 2026, both parties filed a Joint Stipulation to Dismiss the Appeal, signed by counsel for all appearing parties. The stipulation provided that each side would bear its own attorneys’ fees and costs.
The Court’s Holding
The Hawaii Intermediate Court of Appeals, per Chief Judge Nakasone and Associate Judges Wadsworth and Gluck, approved the joint stipulation and dismissed the appeal. The court found that all procedural prerequisites were satisfied: the appeal had been docketed, the stipulation was signed by counsel for all appearing parties, and the request complied with Hawaii Rules of Appellate Procedure Rule 42(b).
The court ordered that the parties bear their own attorneys’ fees and costs, consistent with the terms of the stipulation.
Key Takeaways
- Under HRAP Rule 42(b), parties may voluntarily dismiss a docketed appeal by filing a joint stipulation signed by all appearing counsel.
- When parties stipulate to bear their own fees and costs, the court will incorporate that agreement into the dismissal order.
- The dismissal was approved as a non-published order and carries no precedential value in Hawaii courts.
Why It Matters
This order illustrates the straightforward mechanism available under Hawaii appellate rules for parties to resolve disputes and withdraw appeals by mutual agreement, without requiring a merits ruling from the appellate court. It reflects the courts’ deference to party autonomy when procedural requirements for stipulated dismissal are met.
Because the order is marked “Not for Publication” and the underlying facts of the family court proceeding are not disclosed, the case has limited significance beyond confirming the procedural pathway under HRAP Rule 42(b).