Background
This matter arose from a probate proceeding in the Circuit Court of the Second Circuit, State of Hawaii (Case No. 2CLP-25-0000016), concerning the estate of Christopher Thompson, also known as Christopher M. Thompson and Christopher Michael Thompson. Petitioner-Appellant Jon A. Menten filed an appeal from the circuit court’s proceedings in the estate matter.
Before the appeal was docketed, the parties reached an agreement to resolve the matter without further appellate litigation. On April 30, 2026, Petitioner-Appellant Menten filed a Stipulation for Dismissal of Appeal with Prejudice, signed by counsel for all parties, agreeing to dismiss the appeal and to bear their own respective 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 stipulation and dismissed the appeal with prejudice. The court found that all procedural prerequisites for dismissal under Hawaii Rules of Appellate Procedure Rule 42(a) were satisfied: the appeal had not yet been docketed, the stipulation was signed by counsel for all parties, and it included an agreement that each party would bear its own fees and costs.
The court ordered that each party bear its own attorneys’ fees and costs on appeal, consistent with the terms of the stipulation.
Key Takeaways
- A pre-docketing stipulated dismissal of a Hawaii appeal is governed by HRAP Rule 42(a) and requires only a signed stipulation from all parties’ counsel.
- The appeal was dismissed with prejudice, foreclosing any further appellate challenge on the same grounds by Petitioner-Appellant Menten.
- Each party bears its own attorneys’ fees and costs, reflecting the negotiated nature of the dismissal.
Why It Matters
This order is a routine procedural disposition with no precedential value — the court expressly designated it “not for publication.” It illustrates the straightforward mechanism under HRAP Rule 42(a) by which Hawaii litigants may efficiently withdraw a pending appeal before docketing through a joint stipulation, avoiding further appellate expense.
For probate practitioners, the case serves as a reminder that appellate disputes over estate matters can be resolved by stipulation at any stage, including before the record is formally docketed, and that the agreement of all counsel is sufficient to obtain court approval of such a dismissal.