IN THE SUPREME COURT OF THE STATE OF HAWAI‘I
vs.
and
AMERICAN GENERAL FINANCE OF HAWAII, INC., DEPARTMENT OF TAXATION,
STATE OF HAWAI‘I, VILLAGE PARK ASSOCIATION, ANGELITA IBARRA INES,
Defendants-Appellees
and
ORDER
(By: Moon, C.J., Levinson, Nakayama, Acoba, and Duffy, JJ.)
Upon consideration of Defendants-Appellants Noel Pajo Manuel and Rosebella Ines Manuel's motion to dismiss the appeal with the parties to bear their own appellate fees and costs, the papers in support, and the records and files herein, it appears: (1) Appellants filed their notice of appeal on May 7, 2004; and (2) the parties have reached a settlement that includes dismissal of the appeal with the parties to bear their own appellate fees and costs. Therefore,
IT IS HEREBY ORDERED that Defendants-Appellants' motion to dismiss the appeal is granted, and this appeal is dismissed pursuant to HRAP Rule 42(b). The parties shall bear their own appellate fees and costs.
DATED: Honolulu, Hawai‘i, October 18, 2004.
William J. Nagle, III
for defendants-appellants
on the motion