Background
Kevin J. Hayes, Sr. and Tomoko Matsumoto were petitioners-appellees, and Kingsbarn Realty Capital, LLC was respondent-appellant in an appeal from the Circuit Court of the First Circuit, Case No. 1CSP-26-0000112.
On October 9, 2026, Kingsbarn filed a joint stipulation signed by counsel for all appearing parties. The parties agreed to dismiss the appeal with prejudice and to bear their own appellate attorneys’ fees and costs.
The Court’s Holding
The Intermediate Court of Appeals approved the stipulation and dismissed the appeal with prejudice. It ordered that each side bear its own attorneys’ fees and costs on appeal.
The parties had invoked Hawai‘i Rules of Appellate Procedure Rule 42(b), but the court concluded that the appeal had not yet been docketed. Rule 42(b) applies to docketed appeals, while Rule 42(a) authorizes dismissal before docketing. The court therefore dismissed the appeal under Rule 42(a).
Key Takeaways
- A jointly stipulated appeal may be dismissed with prejudice before docketing under HRAP Rule 42(a).
- HRAP Rule 42(b) governs dismissals of appeals that have already been docketed.
- The parties’ agreement that each would bear its own appellate fees and costs was approved.
Why It Matters
The order distinguishes the procedural route for voluntary appellate dismissals based on whether the appeal has been docketed. Even where the parties cite the rule for docketed appeals, the court may apply the applicable pre-docketing provision when the record shows the appeal has not been docketed.