Background
Tuan Xuan Bui and My-Kim T. Bui appealed from a decision by the District Court of the Second Circuit, Lahaina Division (Case No. 2DRC-22-0001462), in which Thomas D. Hovsepian was the opposing party. The appellants had filed their appeal in the Intermediate Court of Appeals on May 22, 2026.
The Court’s Holding
The Intermediate Court of Appeals approved the parties’ stipulation to dismiss the appeal with prejudice. The court found that the stipulation complied with Hawai’i Rules of Appellate Procedure Rule 42(b), was properly dated and signed by counsel for all parties, and was authorized for dismissal. Each party was ordered to bear its own attorneys’ fees and costs on appeal.
Key Takeaways
- The appeal was dismissed by mutual agreement of the parties rather than judicial decision on the merits.
- Each party bears its own costs and attorneys’ fees on appeal—no fee-shifting between parties.
- The dismissal is “with prejudice,” meaning the appellants cannot refile the same appeal.
Why It Matters
Stipulated dismissals are common in appellate practice when parties reach settlement or business resolution before oral argument or decision. This order confirms that parties may end an appeal by agreement, provided the procedural requirements are met. The dismissal terminates Bui’s appeal and leaves the district court judgment undisturbed.