Background
Robert Larsson and 808 Consultant LLC sued Hawai’i Mold and Flood, LLC and Glen Kelsey in the Circuit Court of the Third Circuit. Hawai’i Mold and Flood appealed in CAAP-26-0000053.
Before the appeal was docketed, Hawai’i Mold and Flood filed a stipulation, signed by counsel for all appearing parties, seeking dismissal of the appeal with prejudice. The parties also agreed to bear their own attorneys’ fees and costs.
The Court’s Holding
The Intermediate Court of Appeals approved the stipulation and dismissed the appeal with prejudice.
The court concluded that dismissal was authorized under Hawai’i Rules of Appellate Procedure Rule 42(a) because the appeal had not yet been docketed. It noted that the parties’ agreement provided for each side to bear its own fees and costs.
Key Takeaways
- An undocketed appeal may be dismissed under HRAP Rule 42(a).
- A stipulation signed by counsel for all appearing parties supported dismissal with prejudice.
- Each party must bear its own attorneys’ fees and costs under the stipulation.
Why It Matters
The order ends the appellate proceeding permanently without resolving the merits of the underlying circuit-court dispute. It illustrates the procedural route for consensually dismissing a Hawai’i appeal before docketing.