NO. 26885


IN THE SUPREME COURT OF THE STATE OF HAWAI`I



STATE OF HAWAI`I, Plaintiff-Appellant/Cross-Appellee


vs.


WARLITO GOROSPE, Defendant-Appellee/Cross-Appellant



APPEAL FROM THE THIRD CIRCUIT COURT
(CR. NO. 02-1-248)



ORDER
(By: Acoba, J.)

Upon review of the record, it appears that (1) on June 17, 2005, Defendant-Appellee/Cross-Appellant's cross-appeal was dismissed by stipulation of the parties and (2) on September 23, 2005, Plaintiff-Appellant/Cross-Appellee submitted a stipulation for dismissal of its appeal, which was not approved without prejudice to a subsequent stipulation that complies with HRAP Rule 42(c). Therefore,

IT IS HEREBY ORDERED that the order filed on September 23, 2005, not approving Plaintiff-Appellant's stipulation for dismissal of appeal, is vacated.

IT IS FURTHER ORDERED that the stipulation to dismiss Plaintiff-Appellant's appeal, filed on September 23, 2005, is approved.

DATED: Honolulu, Hawai`i, September 29, 2005.