NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 01-NOV-2024 07:53 AM Dkt. 346 OAWST NO. CAAP-XX-XXXXXXX

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

ALBERT K. NAPOLEON; SHERMAN U. NAPOLEON; EBEN S.K. NAPOLEON; ROGER W.S.M. NAPOLEON, Plaintiffs-Appellees, v. DAVID KAWALUNA KAILIWAI; JEROME AUWAE; JANET AWAI; VICTORIA BAIELY; MARY CLEMENTE; GEORGE KAILIWAI, JR.; ZALEI KAMAILE; HARRIET MAHOE; IVON OHELO; KENNETH PHILLIPS; CHARLEEN TINAO; GLADYS TODD; EVANS YOUNG; SHARON YOUNG; WARREN YOUNG; LLOYD YOUNG, JR.; CHRIS YOUNG, SR., and NELLIE KAMAILE, Defendants-Appellants, and STATE OF HAWAI I, Defendant-Appellee

APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT (CIVIL NO. 92-0786(1))

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon consideration of Defendants-Appellants Kailiwai et al., Plaintiff-Appellee Roger W.S.M. Napoleon, Defendants- Appellees Kunuiakea Family and Defendants-Appellees State of Hawaii's Stipulation to Dismiss Appeal (Stipulation), filed October 28, 2024, by Defendants-Appellants Kailiwai, et al., the papers in support, and the record, it appears that (1) the appeal has been docketed and the filing fees have been paid; (2) under 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 signed by counsel for all appearing parties.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Stipulation is approved and the appeal is dismissed. The parties shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai i, November 1, 2024.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Sonja M.P. McCullen Associate Judge