Background
An appeal was filed in the Hawaii Intermediate Court of Appeals concerning the General Revocable Trust of Douglas Kuniomi Takata, dated March 2, 1981, as restated. The beneficiaries and appellants—Keith Takata, Linda Takata, Brandon Takata, Kimberly Takata, and Michelle Lucovitz—initially brought the appeal from the Circuit Court of the First Circuit.
The Court’s Holding
The appellants filed a Stipulation and Order for Dismissal of All Claims and Parties with Prejudice on June 26, 2026. Finding that the appeal had been properly docketed, that all parties’ counsel had signed the stipulation, and that the dismissal complied with Hawaii Rules of Appellate Procedure Rule 42(b), the court approved the stipulation.
The appeal was dismissed with prejudice. Each party bears its own attorneys’ fees and costs, as stipulated.
Key Takeaways
- The parties agreed to dismiss the appeal entirely and bear their own legal fees.
- The dismissal was with prejudice, meaning the claims cannot be refiled.
- The court’s approval was ministerial, based on compliance with appellate procedural rules.
Why It Matters
This order reflects a settlement or resolution of the underlying trust dispute at the appellate stage. By dismissing with prejudice and bearing their own costs, the parties effectively ended the litigation without a court determination on the merits of the trust administration issues.