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.