Waihonua at Kewalo — Appeal dismissed with prejudice by stipulation

Case
Association of Unit Owners of Waihonua at Kewalo v. Kewalo Development, LLC
Court
Hawaii Intermediate Court of Appeals
Judge
Katherine G. Leonard; Kimberly T. Guidry; Daniel M. Gluck
Date Decided
October 22, 2026
Docket No.
CAAP-25-0000074
Topics
Appellate Procedure; Voluntary Dismissal; Stipulation
Source
Read the full opinion

Background

Kewalo Development, LLC and A & B Properties Hawaii, LLC appealed from a proceeding in the Circuit Court of the First Circuit. The appellate order does not describe the underlying claims or the circuit court ruling being appealed.

On October 20, 2026, the appellants filed a stipulation signed by counsel for all parties requesting dismissal of the appeal with prejudice. The appeal had been docketed and the filing fees had been paid.

The Court’s Holding

The Hawaii Intermediate Court of Appeals approved the parties’ stipulation under Hawaii Rules of Appellate Procedure Rule 42(b) and dismissed the appeal with prejudice.

The court also ordered each party to bear its own attorneys’ fees and costs incurred on appeal.

Key Takeaways

  • The appeal was dismissed with prejudice pursuant to a stipulation signed by counsel for all parties.
  • The court acted under Hawaii Rules of Appellate Procedure Rule 42(b).
  • Each party must bear its own appellate attorneys’ fees and costs.

Why It Matters

The order ends this appeal with prejudice without addressing the merits of the underlying dispute. It also confirms the parties’ agreement that each side will bear its own fees and costs from the appellate proceedings.

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