NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 02-OCT-2025 08:05 AM Dkt. 21 OGMD NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I KEALIIOKEKAI BERTELMANN, Plaintiff-Appellee, v. JAY DEE (BJ) PENN, III, Defendant-Appellant.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CASE NO. 3CCV-XX-XXXXXXX)

ORDER GRANTING MOTION TO DISMISS APPEAL (By: Wadsworth, Presiding Judge, McCullen and Guidry, JJ.)

Upon consideration of Defendant-Appellant Jay Dee (BJ) Penn, III's September 22, 2025 "Notice of Voluntary Dismissal of Appeal," which the court construes as a motion to dismiss appeal (Motion), the papers in support, and the record, IT IS HEREBY ORDERED that the Motion is granted and the appeal is dismissed. The parties shall bear their own fees and costs.

DATED: Honolulu, Hawai#i, October 2, 2025.

/s/ Clyde J. Wadsworth Presiding Judge /s/ Sonja M.P. McCullen Associate Judge /s/ Kimberly T. Guidry Associate Judge