NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-NOV-2023 07:46 AM Dkt. 60 OAWST NO. CAAP-XX-XXXXXXX

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

STATE OF HAWAI I, Plaintiff-Appellee, v. TOMASITA BARUT, Defendant-Appellant

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CASE NO. 2CPC-XX-XXXXXXX)

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Wadsworth and Nakasone, JJ.)

Upon consideration of the Stipulation to Dismiss Appellate Proceedings, filed October 19, 2023, by Defendant- Appellant Tomasita Barut (Barut), the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties stipulate to dismiss the appeal; and (3) attached to the stipulation is Barut's declaration showing she understands the consequences of voluntary dismissal, consistent with Hawai i Rules of Appellate Procedure (HRAP) Rule 42(c).

Therefore, IT IS HEREBY ORDERED that the Stipulation to Dismiss Appellate Proceedings is approved and the appeal is dismissed, under HRAP Rule 42(b)-(c).

DATED: Honolulu, Hawai i, November 7, 2023.

/s/ Katherine G. Leonard Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Karen T. Nakasone Associate Judge