NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-SEP-2021 08:31 AM Dkt. 38 OGMD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I EM, Plaintiff/Cross-Defendant-Appellant, v. SM, Defendant/Cross Plaintiff-Appellee

APPEAL FROM THE FAMILY COURT OF THE FIFTH CIRCUIT (FC-D NO. 14-1-0192)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Wadsworth, Presiding Judge, Nakasone and Fujise, JJ.)

Upon review of Plaintiff/Cross-Defendant-Appellant EM's September 27, 2021 Motion to Dismiss Appeal (Motion), the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) EM seeks to dismiss the appeal; (3) and dismissal is authorized by Hawai#i Rules of Appellate Procedure Rule 42(b).

Therefore, IT IS HEREBY ORDERED that the Motion is granted, and the appeal is dismissed.

IT IS FURTHER ORDERED that all pending motions are dismissed.1 DATED: Honolulu, Hawai#i, September 29, 2021.

/s/ Clyde J. Wadsworth Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Alexa D.M. Fujise Associate Judge

EM's counsel, Jacob G. Delaplane, is cautioned to timely file documents. Future violations may result in sanctions.