NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER
NO. 29253
IN THE INTERMEDIATE COURT OF APPEALS
OF
THE STATE OF HAWAI‘I
IN
THE INTEREST OF A.W.
APPEAL FROM THE FAMILY COURT OF THE
FIRST CIRCUIT
(FC-S NO. 07-11470)
ORDER DISMISSING APPEAL
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon consideration of the Motion to Dismiss Appeal filed by
Petitioner-Appellee/Cross-Appellant Department of Human Services, the
papers in support, and
the records and files herein, it appears that: (1) on July 10, 2008,
Father-Appellant filed a notice of appeal; (2) on August 25, 2008,
Petitioner-Appellee/Cross-Appellant Department of Human Services filed
a notice of appeal,
which was docketed as a cross-appeal to Father-Appellant's appeal; and
(3) in this motion, Petitioner-Appellee/Cross-Appellant Department of
Human Services states it has decided not to go forward
with its appeal and asks to withdraw its appeal. Therefore,
IT IS HEREBY
ORDERED that Petitioner-Appellee/Cross-Appellant Department of Human
Services's Motion to Dismiss its appeal is granted, and the
cross-appeal is
dismissed. Dismissal of the cross-appeal does not affect the appeal
filed by
Father-Appellant, and Father-Appellant's appeal remains pending.
DATED: Honolulu,
Hawai‘i, September 17, 2008.