NOT FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER



NO. 29899





IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI‘I







STATE OF HAWAI‘I,
Plaintiff-Appellant,

v.

GRACE AKAHI, also known as AKAHI WAHINE,
VANESSA FIMBRES, TANYA KAAHANUI,
TERRY KAAHANUI, WAYNE NUNES, and
WAYNETTE NUNES, also known as RAYNETTE NUNES,
Defendants-Appellees





APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CR. NO. 08-1-1487)




ORDER APPROVING THE
STIPULATION FOR DISMISSAL OF APPEAL
(By: Foley, J., for the court (1))

Upon consideration of the Stipulation for Dismissal of Appeal, the papers in support, and the records and files herein, it appears that: (1) on June 18, 2009, Plaintiff-Appellant State of Hawai‘i filed a notice of appeal; and (2) the parties are now stipulating to dismiss the State's appeal with each party to bear its own costs and fees. Therefore,

IT IS HEREBY ORDERED that the stipulation for dismissal of the appeal is approved, and the appeal is dismissed. The parties shall bear their own appellate costs and fees.

DATED: Honolulu, Hawai‘i, September 1, 2009.


George A. Burke, for
Tanya Kaahanui, Defendant-Appellee

Louis M. Ching, for
Terry Kaahanui, Defendant-Appellee

William M. Domingo, for
Waynette Nunes, Defendant-Appellee

Venetia K. Carpenter-Asui, for
Venessa Fimbres, Defendant-Appellee

John Y.U. Choi, for
Wayne Nunes, Defendant-Appellee

David A. Sereno, for
Grace Akahi, Defendant-Appellee

Mark K. Miyahira, for
State of Hawai‘i, Plaintiff-Appellant



1.     Considered by: Watanabe, Acting C.J., Foley and Nakamura, JJ.