NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-AUG-2020 09:10 AM

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee/Cross-Appellant, v. CODY M. SAFADAGO, Defendant-Appellant/Cross-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CPC-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS CROSS-APPEAL (By: Leonard, Presiding Judge, Chan and Hiraoka, JJ.)

Upon consideration of the Stipulation to Dismiss Cross- Appeal (Stipulation to Dismiss), filed August 4, 2020, by Plaintiff-Appellee/Cross-Appellant State of Hawai#i (State), the papers in support, and the record, it appears that (1) the parties stipulate to dismiss the State's cross-appeal with prejudice, under Hawai#i Rules of Appellate Procedure Rule 42(b), with the parties to bear their own fees and costs; and (2) the Stipulation to Dismiss is dated and signed by counsel for all parties appearing in the appeal and cross-appeal.

Therefore, IT IS HEREBY ORDERED that the Stipulation to Dismiss is approved and the State's cross-appeal is dismissed NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER with prejudice. The parties shall bear their own fees and costs related to the cross-appeal.

DATED: Honolulu, Hawai#i, August 7, 2020.

/s/ Katherine G. Leonard Associate Judge /s/ Derrick H.M. Chan Associate Judge /s/ Keith K. Hiraoka Associate Judge