NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
DISSENTING OPINION BY FOLEY, J.
I respectfully dissent. Because this appeal is moot, I would dismiss it.
Lathrop v. Sakatani
, 111 Hawai‘i 307, 312-13, 141 P.3d 480, 485-86 (2006).