Background
Brandy Lecker-Tolentino, acting on behalf of a minor, appealed from a proceeding in the District Court of the Second Circuit, Wailuku Division, involving respondent Shannon W. Mollena.
Before the appeal was docketed, Lecker-Tolentino filed a stipulation to dismiss it. Counsel for all appearing parties signed the stipulation, which provided that the appeal would be dismissed with prejudice and that each side would bear its own attorneys’ fees and costs incurred in the appeal.
The Court’s Holding
The Hawaiʻi Intermediate Court of Appeals approved the parties’ stipulation under Hawaiʻi Rules of Appellate Procedure Rule 42(a) and dismissed the appeal with prejudice.
The court ordered the parties to bear their own appellate attorneys’ fees and costs. It also dismissed all pending motions.
Key Takeaways
- The appeal was dismissed with prejudice pursuant to a stipulation signed by counsel for all appearing parties.
- Each party must bear its own attorneys’ fees and costs incurred in the appeal.
- All pending motions were dismissed.
Why It Matters
The order illustrates that parties may stipulate to dismiss an appeal before it is docketed under Hawaiʻi Rules of Appellate Procedure Rule 42(a). A dismissal with prejudice ends the appeal and prevents it from being refiled on the same basis.