Background
This appeal arose from a circuit court proceeding involving claims related to estates and property interests. The appeal was brought by defendants/counterclaimant-appellants Blaise De Lima (as Personal Representative of the Estate of Brian De Lima) and Shawn Marie Merrill against plaintiffs/counterclaim defendants-appellees Stacy A. Merrill (as Attorney-in-Fact for Robert Dean Merrill and Trustee of the Robert Dean Merrill Trust, individually) and Anna C. Izzo (as Personal Representative of the Estate of Betty Jean Merrill). On July 7, 2026, all parties filed a stipulation requesting dismissal of the appeal.
The Court’s Holding
The Intermediate Court of Appeals approved the parties’ stipulation to dismiss the appeal with prejudice pursuant to Hawaii Rules of Appellate Procedure Rule 42(b). The court found that the appeal had been properly docketed, filing fees were paid, and counsel for all parties had signed the stipulation. Each party shall bear its own attorneys’ fees and costs associated with the appeal.
Key Takeaways
- The appeal was dismissed with prejudice, precluding refiling.
- The parties agreed to resolve the matter without appellate decision on the merits.
- Each party bears its own costs and attorneys’ fees from the appeal.
Why It Matters
This order reflects the parties’ settlement of their appellate dispute, concluding the case without appellate review. Stipulated dismissals are common when parties reach resolution during pending appeals and wish to avoid further litigation costs and delays.