Background
This matter arose from a trust proceeding in the Circuit Court of the Second Circuit of Hawaii (Case No. 2CTR-25-0000002) concerning the Revocable Trust of Gail M. Graham, originally established May 18, 1989, as amended. Petitioner-Appellant Jon A. Menten filed an appeal from the circuit court’s ruling in that trust matter.
Before the appeal was docketed, the parties reached an agreement to resolve the dispute without further appellate proceedings. On April 30, 2026, Menten filed a Stipulation for Dismissal of Appeal with Prejudice, signed by counsel for all parties, providing that each side would bear its own attorneys’ fees and costs on appeal.
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 the procedural requirements for stipulated dismissal under Hawaii Rules of Appellate Procedure Rule 42(a) were satisfied: the appeal had not yet been docketed, and the stipulation was dated and signed by counsel for all parties.
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 stipulated dismissal of appeal with prejudice under HRAP Rule 42(a) may be approved before the appeal is docketed, upon a signed stipulation by counsel for all parties.
- The parties agreed to bear their own attorneys’ fees and costs, a common term in negotiated dismissals that the court incorporated into its order.
- The dismissal with prejudice forecloses any future appellate challenge by Appellant Menten on the same grounds.
Why It Matters
This order is a routine procedural disposition reflecting a negotiated resolution between the parties to trust litigation. It carries no precedential value and was designated not for publication in West’s Hawaii Reports and Pacific Reporter. Practitioners should note that HRAP Rule 42(a) permits efficient, pre-docketing dismissal upon a properly executed stipulation, avoiding unnecessary expenditure of court and party resources.