Association of Apartment Owners of the Windward Passage v. Heke
Annotate this Case
Download PDF
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-20-0000743 20-DEC-2023 08:45 AM Dkt. 67 OAWST NO. CAAP-20-0000743 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI I ASSOCIATION OF APARTMENT OWNERS OF THE WINDWARD PASSAGE, by its Board of Directors, Plaintiff-Appellee, v. SHEREE HEKE, Defendant-Appellant, THE ESTATE OF WALTER DIXON; JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; AND DOE CORPORATIONS 1-10, Defendants-Appellees. APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CC171001088) ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Hiraoka and McCullen, JJ.) Upon consideration of Plaintiff-Appellee Association of Apartment Owners of Windward Passage's (Association) and Self-represented Defendant-Appellant Sheree Heke's (Heke) November 27, 2023 "Stipulation for Dismissal of Appeal with Prejudice" (Stipulation to Dismiss), the papers in support, and the record and files, it appears that: NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER (1) On November 27, 2023, Association and Heke filed a Stipulation to Dismiss pursuant to Hawai‘i Rules of Appellate Procedure (HRAP) Rule 42(b); a. The Stipulation to Dismiss states Association and Heke stipulate that Heke's "appeal to the Intermediate Court of Appeals of the State of [Hawai‘i] from the Final Judgment filed in Civil No. 17-1-1088-07 on November 5, 2020 is hereby dismissed with prejudice"; b. The Stipulation to Dismiss also states "each party will bear its own attorney's fees and costs"; and c. The Stipulation to Dismiss is dated and signed by Heke and counsel for all parties appearing in the appeal; (2) This appeal was docketed on February 2, 2021. (3) No payment is due. The Stipulation to Dismiss complies with HRAP Rule 42(b) (providing in part that if "parties to a docketed appeal or other proceeding sign and file a stipulation for dismissal, specifying the terms as to payment of costs and" pay 2 NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER the fees that are due, "the case shall be dismissed upon approval by the appellate court"). Therefore, IT IS ORDERED that the Stipulation to Dismiss is approved and the appeal is dismissed with prejudice. The parties shall bear their own attorney's fees and costs on appeal. DATED: Honolulu, Hawai‘i, December 20, 2023. /s/ Lisa M. Ginoza Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Sonja M.P. McCullen Associate Judge 3
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
