NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 21-MAY-2024 07:52 AM Dkt. 52 OAWST NO. CAAP-XX-XXXXXXX

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

FIRST INSURANCE COMPANY OF HAWAII, LTD., a Domestic Profit Corporation, and FIRST FIRE & CASUALTY INSURANCE, a Domestic Profit Corporation, Plaintiffs-Appellants, v. AKITA ENTERPRISES, LTD., a Domestic Profit Corporation, LIN AKITA, Defendants-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CASE NO. 5CCV-XX-XXXXXXX) ORDER (By: Leonard, Acting Chief Judge, Hiraoka and McCullen, JJ.)

Upon consideration of the Stipulation for Dismissal With Prejudice of Appeal, filed by Plaintiffs-Appellants First Insurance Company of Hawaii, Ltd. and First Fire & Casualty Insurance and Defendant-Appellee Akita Enterprises, Ltd. on May 17, 2024, 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.

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, and the appeal is dismissed.

The parties shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai#i, May 21, 2024.

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