Ramirez v. Santos (Order Granting Motion to Dismiss Appeal)

NO. 25713

 

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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ALEXANDRA RAMIREZ; AND MIGUEL RAMIREZ,
Plaintiffs/Appellees

v.
 

ELGIN SANTOS; EDWARD SANTOS; VIOLET-MARIE M. ROSEHILL,
Individually and as Trustee under the Violet-Marie M. Rosehill
Revocable Living Trust Dated December 23, 1986; and ESTATE OF
MICHAEL MACKINNON, by Clerk of the Court Acting as Special
Administrator,
Defendants/Cross-Claim Plaintiffs/Cross-Claim
Defendants/Appellees

and

MARCUS F. ROSEHILL, Individually and as Trustee under the Marcus
F. Rosehill Revocable Living Trust Dated December 23, 1986,
Defendant/Cross-Claim Defendant

and

THE LANDSCAPE WORKS, INC.; and JAMES ANDREWS,
Defendants/Cross-Claim Plaintiffs/Cross-Claim
Defendants/Appellants

and

CITY AND COUNTY OF HONOLULU,
Defendant/Cross-Claim Plaintiff/Cross-Claim Defendant/Third-Party
Plaintiff/
Counterclaim Defendant/Appellant

and

VERIZON HAWAII, INC., FKA GTE HAWAIIAN TEL CO., INC., a Hawaii
Corporation; and
HAWAIIAN ELECTRIC COMPANY, INC., a Hawaii Corporation,
Defendants/Third-Party Defendants/Counterclaim Plaintiffs/Cross-
Claim Plaintiffs/
Cross-Claim Defendants/Appellants

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APPEAL FROM THE FIRST CIRCUIT COURT
(CIV. NO. 00-1-2467)

 

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Moon, C.J., Levinson, Nakayama, and Acoba, JJ.,
and Circuit Judge Wilson, in place of Duffy, J., recused)

Upon consideration of the motion to dismiss appeal filed by Third-Party Defendant/Appellant Verizon Hawaii, Inc., fka GTE Hawaiian Telephone Co., Inc., the papers in support, and the records and files herein, it appears that: (1) Verizon Hawaii, Inc. filed a notice of appeal on March 21, 2003; (2) Hawaiian Electric Company, Inc. and the City and County of Honolulu filed joinders in Verizon 's notice of appeal; (3) on August 13, 2003, this court entered an order dismissing the appeals of Hawaiian Electric Company, Inc. and the City and County of Honolulu; and (4) Verizon states that the parties have settled the underlying case, the settlement was approved, and Verizon no longer wishes to pursue its appeal. Therefore,

IT IS HEREBY ORDERED that the motion to dismiss is granted, and this appeal is dismissed.

DATED: Honolulu, Hawai`i, September 8, 2003.
 
 

Jeffrey s. Portnoy
Kaiulani E.S. Kidani
(Cades Schutte) for
third-party defendant-
appellant Verizon Hawaii,
Inc., fka GTE Hawaiian
Tel. Co., Inc.