In re Department of Human Services v. Luke (Order Dismissing Proceeding)

NO. 28436

IN THE SUPREME COURT OF THE STATE OF HAWAI`I

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In the Interest of
DEPARTMENT OF HUMAN SERVICES,
STATE OF HAWAI`I, Petitioner,

vs.

THE HONORABLE LINDA K.C. LUKE, JUDGE OF
THE FAMILY COURT, FIRST CIRCUIT, Respondent.

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ORIGINAL PROCEEDING
(FC-S NO. 03-09189)

ORDER DISMISSING PROCEEDING

(By: Moon, C.J., Levinson, Acoba, and Duffy, JJ., and

Intermediate Court of Appeals Judge Nakamura,

in place of Nakayama, J., unavailable)

Upon consideration of the stipulation withdrawing the petition for a writ of mandamus, which is deemed a motion for dismissal pursuant to HRAP 42(b),

IT IS HEREBY ORDERED that the motion is granted and this proceeding is dismissed.

IT IS FURTHER ORDERED that the stay of the hearing that was scheduled for March 12, 2007 in FC-S No. 03-09189 is vacated.

DATED: Honolulu, Hawai`i, March 20, 2007.