BALI HAI VILLAS LTD STEVEN GARNER v ARDESHIR HORMOZYARI LUCETTE WALTERS SPIZZIRRI FAMIY TRUST CANDEE SPIZZIRRI KEKAHA MS LLC LIHUE MS LLC KAUAI BEACH VILLAS PHASE II LLC (2017)

Intermediate Court of Appeals of Hawai'i.

BALI HAI VILLAS, LTD., a Hawaii Limited Partnership, and STEVEN GARNER, on behalf of himself and all other limited partners of Hali Hai Villas Ltd., Plaintiffs/Counterclaim-Defendants/Appellants, v JAMES GIBSON, in his capacity as Successor Trustee of the David E. Walters Trust, Defendant/Cross-Claim Defendant/Appellee, GOODSILL ANDERSON QUINN & STIFEL, LLP, Defendant/Cross-Claim Plaintiff/Cross-Claim Defendant/Appellee, BALI HAI VILLAS, INC., Defendant/Cross-Claim Defendant/Counterclaim-Plaintiff/ Cross-Claim Plaintiff/Appellee, ARDESHIR HORMOZYARI, LUCETTE WALTERS, SPIZZIRRI FAMIY TRUST, CANDEE SPIZZIRRI, KEKAHA MS, LLC, a Hawaii limited liability company, LIHUE MS, LLC, a Hawaii limited liability company, and KAUAI BEACH VILLAS PHASE II, LLC, a Hawaii limited liability company, Defendants/Cross-Claim Defendants/Appellees

NO. CAAP-16-0000458

Decided: January 12, 2017

(By: Leonard, Presiding Judge, Reifurth and Ginoza, JJ.)

ORDER APPROVING THE JANUARY 6, 2017 STIPULATION FOR DISMISSAL OF THE APPEAL

Upon consideration of the “Stipulation for Dismissal Pursuant to Rule 42(b) of the Hawai'i Rules of Appellate Procedure [ (HRAP) ],” filed January 6, 2017, by Plaintiffs-Appellants Bali Hai Villas, Ltd., and Steven Garner, on behalf of himself and all other limited partners of Bali Hai Villas, Ltd., the papers in support, and the record, it appears that (1) the appeal was docketed on September 8, 2016; (2) pursuant to HRAP Rule 42(b), the parties stipulate to dismiss the appeal, and bear their own costs and attorneys' fees on appeal; and (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal.

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 costs and attorneys' fees on appeal.

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