NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 10-FEB-2025 07:54 AM Dkt. 39 OGMD NO. CAAP-XX-XXXXXXX

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

ALPHA, INC., Appellant-Appellee, v. DEPARTMENT OF FINANCE, COUNTY OF MAUI, and MAUI COUNTY DEPARTMENT OF PUBLIC WORKS, Appellees-Appellants, and P.B. SULLIVAN CONSTRUCTION, INC.; DESIREE L. HIKIDA, HEARINGS OFFICER, OFFICE OF ADMINISTRATIVE HEARINGS, DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS, STATE OF HAWAI I, Appellees-Appellees

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

ORDER (By: Leonard, Acting Chief Judge, Hiraoka and Nakasone, JJ.)

Upon consideration of Appellant-Appellee Alpha, Inc.'s December 12, 2024 Motion to Dismiss Appeal as Moot, the papers in support, the statements of no opposition filed by Appellee- Appellee P.B. Sullivan Construction, Inc. and Appellees- Appellants Department of Finance, County of Maui and Maui County Department of Public Works, and the record, it appears that the parties to the appeal do not dispute the appeal should be dismissed as moot. Dismissal is authorized by Hawai i Rules of Appellate Procedure Rule 42(b).

Therefore, IT IS HEREBY ORDERED that the motion is granted, and the appeal is dismissed.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

IT IS FURTHER ORDERED that all pending motions are dismissed.

DATED: Honolulu, Hawai i, February 10, 2025.

/s/ Katherine G. Leonard Acting Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Karen T. Nakasone Associate Judge