Hogg v. Murakami
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NO. 26700 IN THE SUPREME COURT OF THE STATE OF HAWAI#I JIM HOGG, Plaintiff-Appellee vs. GLENN NOBUKI MURAKAMI; ANN SUE ISOBE; WALTER JUNICHI MURAKAMI and ETSUKO MARUYAMA MURAKAMI, as Co-Trustees under that certain unrecorded Trust Agreement known as The Walter J. Murakami Trust dated December 20, 1989, and that certain unrecorded Trust Agreement known as The Etsuko M. Murakami Trust dated December 20, 1989, Defendants-Appellants and AMERICAN SAVINGS BANK, F.S.B.; JOSEPH E. SPADARO, individually and as Trustee under that certain Declaration of Trust dated October 3, 2000; JOHN NELSON SPADARO, Defendants-Appellees and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; and DOE GOVERNMENTAL UNITS 1-10, Defendants ----------------------------------------------------------------GLENN NOBUKI MURAKAMI and ANN SUE ISOBE, Counterclaimants-Appellants vs. JIM HOGG, Counterclaim Defendant-Appellee and JOSEPH E. SPADARO, individually and as Trustee under that certain Declaration of Trust dated October 3, 2000; JOHN NELSON SPADARO; MICHAEL DAVID SAKATANI; CHRISTINE MARIE SAKATANI; 808 DEVELOPMENT LLC, a Hawai#i limited liability company, Additional Counterclaim Defendants-Appellees and LISA HOGG, and DOES A through Z , Additional Counterclaim Defendants _________________________________________________________________ WALTER JUNICHI MURAKAMI and ETSUKO MARUYAMA MURAKAMI, as Co-Trustees under that certain unrecorded Trust Agreement known as The Walter J. Murakami Trust dated December 20, 1989, and that certain unrecorded Trust Agreement known as The Etsuko M. Murakami Trust dated December 20, 1989, Counterclaimants-Appellants vs. JIM HOGG, Counterclaim Defendant-Appellee _________________________________________________________________ JOHN NELSON SPADARO, Cross-Claimant-Appellee vs. GLENN NOBUKI MURAKAMI and ANN SUE ISOBE, Cross-Claim Defendants-Appellants and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10; AND DOE GOVERNMENTAL UNITS 1-10, Cross-Claim Defendants and MICHAEL DAVID SAKATANI, and CHRISTINE MARIE SAKATANI, Additional Cross-Claim Defendants-Appellees, and JOHN DOES 11-100; JANE DOES 11-100; DOE PARTNERSHIPS 11-100; DOE CORPORATIONS 11-100; DOE ENTITIES 11-100; and DOE GOVERNMENTAL UNITS 11-100, Additional Cross-Claim Defendants _________________________________________________________________ APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 03-1-1712) 2 ORDER GRANTING APPELLANTS MOTION TO DISMISS APPEAL PURSUANT TO SETTLEMENT AGREEMENT (By: Moon, C.J., Levinson, Acoba, and Duffy, JJ.; and Circuit Judge Perkins, in place of Nakayama, J., recused) Upon consideration of Appellants motion to dismiss appeal pursuant to settlement agreement, the papers in support, and the records and files herein, it appears the parties have entered into a settlement agreement that includes an agreement to dismiss the appeal with the parties to bear their own attorney s fees and costs. Therefore, IT IS HEREBY ORDERED that the motion to dismiss appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(b). The parties shall bear their own attorney s fees and costs. DATED: Honolulu, Hawai#i, January 13, 2005. Gary Victor Dubin for appellants on the motion 3
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