Silva v. County of Hawaii
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NO. 25790 IN THE SUPREME COURT OF THE STATE OF HAWAI#I WILLIAM SILVA; DANIEL MLAKAR, MICHAEL DUBBERSTEIN; RICHARD CANN; ERNEST CORREIA; HENRY J. SILVA; THOMAS C.S. HING, JR.; GLENN NOJIRI; JAMES KELLY; RODNEY AURELLO; JULIAN SHIROMA; ERROL ISHIMINE; and JERRY COLOMA; BRADLEY BALLESTEROS; ARLEN BENTO; MORTON CARTER; DENNIS CORREA; LODYBESY GLORY; EARL HATADA; WILLIAM LYMAN; AND BURTON YAMAGUCHI, Plaintiffs-Appellees vs. COUNTY OF HAWAI#I; COUNTY OF HAWAI#I POLICE DEPARTMENT; VICTOR VIERRA, individually and his official capacity of Chief of Police for the County of Hawai#i; WAYNE CARVALHO, individually and in his official capacity as Deputy Chief of Police Chief and Chief of Police of the County of Hawai#i; FRANCIS DeMORALES, individually and in his official capacity as Assistant Chief of Police of the County of Hawai#i; JOHN DOES 1-100; JANE DOES 1-100; DOE GOVERNMENTAL ENTITIES 1-100; DOE BUSINESS ENTITIES 1-100, Defendants-Respondents ----------------------------------------------------------------WAYNE CARVALHO, individually and in his official capacity as Deputy Chief of Police Chief and Chief of Police of the County of Hawai#i, Defendant and Third-Party Plaintiff-Respondent vs. GUY PAUL, individually and in his official capacity as Chief of Police of the County of Hawai#i; and the STATE OF HAWAI#I ORGANIZATION OF POLICE OFFICERS, Third-Party Defendants-Respondents ----------------------------------------------------------------GALE L.F. CHING, Real Party in Interest-Appellant/Cross-Appellee and ALIKA THOENE, Real Party in Interest-Appellee/Cross-Appellant APPEAL FROM THE THIRD CIRCUIT COURT (CIV. NO. 97-0622) (By: ORDER GRANTING MOTIONS FOR DISMISSAL OF APPEAL Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of: (1) Real Party in Interest- Appellant/Cross-Appellee Gale L. F. Ching s motion for dismissal of appeal; (2) Real Party in Interest/Cross-Appellant Alika Thoene s motion for dismissal of appeal; and (3) the records and files herein, it appears that: (1) on April 24, 2003, Appellant Ching filed a notice of appeal from the findings of fact, conclusions of law and order that imposed sanctions against Appellant Ching and Cross-Appellant Thoene; (2) on May 6, 2003, Cross-Appellant Thoene filed a notice of cross-appeal; (3) during the pendency of this appeal, the parties to the underlying case entered into a settlement resolving all issues, including the order imposing sanctions; (4) on December 3, 2003, the circuit court entered an order granting Appellant Ching s motion to vacate and set aside the order that is the subject of Ching s appeal; (5) on December 3, 2003, the circuit court granted CrossAppellant Thoene s motion to vacate and set aside the order that is the subject of Thoene s cross-appeal; and (6) as a result of the settlement and the circuit court order vacating and setting aside the order that is the subject of this appeal, Appellant Ching and Cross-Appellant Thoene no longer wish to pursue their respective appeals. Therefore, 2 IT IS HEREBY ORDERED that Appellant Ching s motion for dismissal of his appeal is granted, and the appeal is dismissed. IT IS FURTHER ORDERED that Cross-Appellant Thoene s motion for dismissal of his appeal is granted, and the crossappeal is dismissed. DATED: Honolulu, Hawai#i, December 19, 2003. Kunio Kuwabe, for Real Party in Interest-Appellant/ Cross-Appellee Gale L.F. Ching on the motion Alika Thoene, Real Party in InterestAppellee/Cross-Appellant, pro se, on the motion 3
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