NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER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).