Background
Plant Research Corporation filed suit against Kupanaha Products LLC (operating as That Barn Hawaii) and Krimsen Palama Poki in the District Court of the First Circuit, Ko’olau Poko Division. The defendants subsequently appealed the district court’s decision to the Hawaii Intermediate Court of Appeals, docketed as CAAP-25-0000427.
On June 26, 2026, the defendants filed a Motion to Dismiss Appeal With Prejudice, seeking to voluntarily terminate their appeal.
The Court’s Holding
The Intermediate Court of Appeals granted the defendants’ motion and dismissed the appeal with prejudice. This means the appeal is terminated and the defendants are barred from refiling the same appeal. The dismissal is final and the underlying district court judgment stands undisturbed.
The court ordered that each party shall bear its own attorneys’ fees and costs associated with the appeal.
Key Takeaways
- The defendants voluntarily dismissed their appeal via motion, which the appellate court granted.
- The “with prejudice” language means the appeal cannot be refiled—the dismissal is final and conclusive.
- Each party absorbed its own appellate costs, rather than shifting fees to the prevailing party.
Why It Matters
This order illustrates the appellate procedure mechanism by which defendants may withdraw an appeal through a motion to dismiss. A dismissal with prejudice eliminates any possibility of renewed appeal of the same judgment, providing finality to the litigation.