Association of Apartment Owners of Wailea Elua v. Wailea Community Association
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NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-19-0000869 19-NOV-2021 07:53 AM Dkt. 71 OAWST NO. CAAP-19-0000869 (Consolidated with No. CAAP-20-0000105) IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I CAAP-19-0000869 ASSOCIATION OF APARTMENT OWNERS OF WAILEA ELUA, an unincorporated condominium association, Plaintiff-Appellant, v. WAILEA COMMUNITY ASSOCIATION, a Hawai#i non-profit corporation; FRANK PIKRONE, Defendants-Appellees and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50; and DOE GOVERNMENTAL UNITS 1-50, Defendants APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CC171000374) and CAAP-20-0000105 ASSOCIATION OF APARTMENT OWNERS OF WAILEA ELUA, an unincorporated condominium association, Plaintiff-Appellee, v. WAILEA COMMUNITY ASSOCIATION, a Hawai#i non-profit corporation; FRANK PIKRONE, Defendants-Appellants and JOHN DOES 1-50; JANE DOES 1-50; DOE PARTNERSHIPS 1-50; DOE CORPORATIONS 1-50; DOE ENTITIES 1-50, and DOE GOVERNMENTAL UNITS 1-50, Defendants APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 2CC171000374) (By: ORDER Ginoza, Chief Judge, Leonard and Hiraoka, JJ.) Upon consideration of the Stipulation for Dismissal of Appeal and Order, filed November 16, 2021 (JIMS dkt. 65), by Plaintiff-Appellant/Appellee Association of Apartment Owners of Wailea Elua, and the Stipulation for Dismissal of Appeal and Order filed November 16, 2021 (JIMS dkt. 67), by DefendantsAppellees/Appellants Wailea Community Association and Frank Pikrone, the papers in support, and the record, it appears that (1) the appeals have been docketed; (2) the parties stipulate to dismiss both appeals with prejudice and bear their own attorneys' fees and costs; (3) the stipulations are dated and signed by counsel for all parties appearing in both appeals; and (4) the dismissals are authorized by Rule 42(b) of the Hawai#i Rules of Appellate Procedure. Therefore, IT IS HEREBY ORDERED that the stipulations to dismiss the appeals are approved and the appeals are dismissed with prejudice. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, November 19, 2021. /s/ Lisa M. Ginoza Chief Judge /s/ Katherine G. Leonard Associate Judge /s/ Keith K. Hiraoka Associate Judge 2
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