Background
American Agcredit, FLCA, a federally chartered agricultural credit instrumentality, appealed from a Third Circuit judgment against Alexander H. Carver III and Kathleen M. Carver. The underlying case was brought in the Circuit Court of the Third Circuit (Case No. 3CCV-24-0000255). Andrew B. Levitt was also named as a defendant-appellee.
The Court’s Holding
The Hawaii Intermediate Court of Appeals approved a stipulation filed by the Carvers on July 7, 2026, to dismiss the appeal with prejudice. The court found that the stipulation satisfied the requirements of Hawaii Rules of Appellate Procedure Rule 42(b), was signed by counsel for all appearing parties, and authorized dismissal. Each party bears its own attorneys’ fees and costs.
Key Takeaways
- The appeal was resolved by stipulated agreement rather than judicial decision on the merits.
- The dismissal is with prejudice, meaning the claims cannot be refiled.
- Each party bears its own litigation costs.
Why It Matters
This dismissal resolves the appeal in the agricultural credit dispute between Agcredit and the Carvers. Practitioners should note that stipulated dismissals with prejudice represent final resolution of appellate disputes and prevent subsequent relitigation of the same claims.