Bocalbos v. Kapiolani Medical Center for Women and Children
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NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-21-0000304 22-DEC-2022 08:31 AM Dkt. 124 OAWST NOS. CAAP-21-0000304, CAAP-21-0000351, and CAAP-21-0000355 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I MILA G. BOCALBOS, Claimant-Appellant-Appellant, v. KAPIOLANI MEDICAL CENTER FOR WOMEN AND CHILDREN, Employer-Appellee-Appellee, Self Insured, and HAWAII PACIFIC HEALTH, Self-Administrator-Appellee-Appellee APPEAL FROM THE LABOR AND INDUSTRIAL RELATIONS APPEALS BOARD (CASE NO. AB 2005-032; DCD NO. 2-86-16536) AMENDED ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, McCullen and Chan, JJ.) Upon consideration of the Proposed Stipulation to Dismiss Appeal, filed October 11, 2022, by Claimant-AppellantAppellant Mila G. Bocalbos (Bocalbos), the papers in support, and the record, and noting no opposition, it appears that: (1) The parties stipulate to dismiss the appeal and that they will bear their own attorneys' fees and costs, under Hawai i Rules of Appellate Procedure Rule 42(b); and (2) The stipulation is dated and signed by Samuel P. King, Jr., as counsel for Bocalbos, and J. Thomas Weber (Weber), as counsel for Employer-Appellee-Appellee Kapiolani Medical Center for Women and Children. Although Weber is also counsel of record for Self-Administrator-Appellee-Appellee Hawaii Pacific Health, Weber did not sign the stipulation as Hawaii Pacific Health's attorney, nor does the stipulation indicate that Hawaii Pacific Health, which has appeared in the appeal, need not NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER participate in the stipulation. Thus, the court will construe the stipulation as a motion by Bocalbos, and grant the requested relief. Therefore, IT IS HEREBY ORDERED that the October 11, 2022 Proposed Stipulation to Dismiss Appeal, construed as a motion by Bocalbos, is granted, and the appeal is dismissed. parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai i, December 22, 2022. /s/ Katherine G. Leonard Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Derrick H.M. Chan Associate Judge 2 The
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