Background
Defendant-Appellant Albina Visitacino Macapulay appealed from a May 28, 2024 judgment of the Circuit Court of the First Circuit. Her notice of appeal was filed on June 27, 2024, and the appeal was docketed in the Hawaiʻi Intermediate Court of Appeals.
On August 10, 2026, Macapulay filed a stipulation, signed by counsel for all appearing parties, seeking dismissal of her appeal with prejudice. The parties agreed to bear their own attorneys’ fees and costs.
The Court’s Holding
The Intermediate Court of Appeals approved the parties’ stipulation under Hawaiʻi Rules of Appellate Procedure Rule 42(b). The court found that the appeal had been docketed and that all appearing parties had agreed through counsel to the requested dismissal.
The court dismissed the appeal with prejudice. It also ordered each party to bear its own attorneys’ fees and costs.
Key Takeaways
- A docketed appeal may be dismissed through a stipulation that satisfies Hawaiʻi Rules of Appellate Procedure Rule 42(b).
- The dismissal was with prejudice, ending Albina Visitacino Macapulay’s appeal from the May 28, 2024 judgment.
- The parties agreed to bear their own attorneys’ fees and costs.
Why It Matters
The order illustrates the procedure for ending a docketed Hawaiʻi appeal by agreement of all appearing parties. Because the court approved dismissal with prejudice, it did not reach or decide the merits of the underlying dispute.