Molloy v. Gurtler

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 07-JAN-2026 08:21 AM Dkt. 18 OAWST NO. CAAP-XX-XXXXXXX

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

JONAS MOLLOY, Plaintiff/Counterclaim Defendant-Appellant, v. SUZETTE S. GURTLER, Defendant/Counterclaim Plaintiff-Appellee

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

ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Leonard, Presiding Judge, Wadsworth and McCullen, JJ.)

Upon consideration of the November 10, 2025 Stipulation for Dismissal of Appeal with Prejudice (Stipulation), filed by Defendant-Appellee Suzette S. Gurtler (Gurtler), the papers in support, and the record, it appears that: (1) The appeal has not been docketed.

(2) Although the parties' Stipulation states it is being submitted pursuant to Hawai i Rules of Appellate Procedure (HRAP) Rule 42(b), because the appeal has not been docketed, the matter is governed by HRAP Rule 42(a). The parties stipulate to dismiss the appeal with prejudice and bear their own attorneys' fees and costs.

(3) The Stipulation is signed by counsel for Gurtler and by self-represented Plaintiff-Appellant Jonas Molloy.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER Therefore, IT IS HEREBY ORDERED that the Stipulation is approved pursuant to HRAP Rule 42(a) and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai i, January 7, 2026.

/s/ Katherine G. Leonard Presiding Judge /s/ Clyde J. Wadsworth Associate Judge /s/ Sonja M.P. McCullen Associate Judge