NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 29-NOV-2023 11:01 AM Dkt. 54 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I HK HOLDINGS, LLC, Plaintiff-Appellee, v. AVEMCO INSURANCE COMPANY, Defendant-Appellant, and JOHN DOES 1-20; JANE DOES 1-20; DOE ENTITIES 1-20, AND DOE INSURANCE ENTITIES 1-20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT (CIVIL NO. 1CCV-XX-XXXXXXX(JPC)) ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Nakasone and McCullen, JJ.)

Upon consideration of the Stipulated Dismissal of Appeal With Prejudice (Stipulation to Dismiss), filed November 17, 2023, by Defendant-Appellant Avemco Insurance Company and Plaintiff-Appellee HK Holdings, LLC, and the record, it appears that (1) the appeal has been docketed; (2) pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal and bear their own attorneys' fees and costs; and (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal.

Therefore, IT IS HEREBY ORDERED that the Stipulation to Dismiss the appeal is approved, and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai#i, November 29, 2023.

/s/ Lisa M. Ginoza Chief Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge