NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29749





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I





MATTHEW HARRELL,
Plaintiff-Appellant,
v.
MRC, INC. and MICHAEL CHU, President of MRC, INC.,
Defendants-Appellees





APPEAL FROM THE DISTRICT COURT OF THE FIRST CIRCUIT
HONOLULU DIVISION
(CIVIL NO. 1RC04-1-6091)



ORDER
(By: Watanabe, Acting C.J., Nakamura and Fujise, JJ.)

Upon consideration of: (1) Plaintiff-Appellant Matthew Harrell's Notice of Withdrawal of Appeal; (2) Appellee MRC, Inc.'s Motion for Dismissal of Appellant's Appeal From the Judgment Entered on March 6, 2009 and Appellee's Renewal of the Motion to Dismiss Appellant's Appeal; and (3) the records and files herein,

IT IS HEREBY ORDERED that:

    1.     The Notice of Withdrawal of Appeal is approved and the appeal is dismissed.

    2.     The motions to dismiss appeal are dismissed as moot.

DATED: Honolulu, Hawai‘i, September 14, 2009.