Fujimori v. USAA Casualty Insurance Company

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NO. 24944 IN THE SUPREME COURT OF THE STATE OF HAWAI#I KATHERINE FUJIMORI, Plaintiff-Appellant, vs. USAA CASUALTY INSURANCE COMPANY, a foreign corporation, Defendant-Appellee. APPEAL FROM THE FIRST CIRCUIT COURT (CIV. NO. 01-1-001701 (DTK)) ORDER OF DISMISSAL (By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.) Upon consideration of: (1) plaintiff-appellant Katherine Fujimori s motion to dismiss her appeal as moot; (2) defendant-appellee USAA Casualty Insurance Company s memorandum re: plaintiff-appellant s Katherine Fujimori s motion to dismiss appeal; (3) plaintiff-appellant s reply memorandum; and (4) the records and files herein; IT IS HEREBY ORDERED that: 1. The motion to dismiss appeal is granted, and this appeal is dismissed. 2. Appellee USAA s request for attorneys fees is 3. Appellee USAA may seek reimbursement for appellate denied. costs on appeal by filing a request for costs, including an -1- itemized and verified bill of costs, in accordance with HRAP Rule 39 within fourteen days from the date of this order. DATED: Honolulu, Hawai#i, December 9, 2004. Ian L. Mattoch and Daniel P. Kirley, for plaintiff-appellant, on the motion Terrance M. Revere and Jacqueline E. Thurston, (of Motooka Yamamoto & Revere), for defendant-appellee, in opposition -2-

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