NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 17-JUL-2024 08:16 AM Dkt. 288 OGMD

NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I

JASON HESTER, an individual, Plaintiff-Counterclaim Defendant-Appellee, v. LEONARD G. HOROWITZ, an Individual, Defendant-Counterclaimant-Appellant, and SHERRI KANE, an individual, Defendant- Counterclaimant-Appellee, and MEDICAL VERITAS INTERNATIONAL, INC., a California nonprofit corporation; THE ROYAL BLOODLINE OF DAVID, a Washington Corporation Sole, Defendants-Appellees, and HERBERT M. RITKE; RON RITKE; THE OFFICE OF OVERSEER, A CORPORATE SOLE AND HIS SUCCESSORS, OVER/FOR THE POPULAR ASSEMBLY OF REVITALIZE, AS GOSPEL OF BELIEVERS; THE ECLECTIC CENTER OF UNIVERSAL FLOWING LIGHT-PAULO ROBERTO SILVA E SOUZA, a.k.a. AYAHUASCA CHURCH and SKY OF HAWAI#I or CEU' DO HAWAI#I; PHILLIP CAREY; FRIENDS OF THE AMAZON FOREST; HEALTH FOR WEALTH; THE HEALTH CONNECTION, INC., Counterclaim Defendants- Appellees, and JOHN DOES 1-10; JANE DOES 1-10; DOE PARTNERSHIPS 1-10; DOE CORPORATIONS 1-10; DOE ENTITIES 1-10 and DOE GOVERNMENTAL UNITS 1-10, Defendants APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 3CC141000304) ORDER DISMISSING APPEAL (By: Leonard, Acting C.J., and Wadsworth and Nakasone, JJ.)

Upon consideration of the position statement regarding status of appeal filed on June 15, 2024, by Defendant- Counterclaimant-Appellant Leonard G. Horowitz (Horowitz) and Defendant-Appellee Royal Bloodline of David (RBD), which we NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER construe as a motion to dismiss the appeal pursuant to Hawai#i Rules of Appellate Procedure (HRAP) Rule 42(b), and the record, IT IS HEREBY ORDERED that the Motion is granted and the appeal is dismissed under Hawai#i Rules of Appellate Procedure Rule 42(b).

DATED: Honolulu, Hawai#i, July 17, 2024.

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