ASSOCIATION OF APARTMENT OWNERS OF MOKULEIA BEACH COLONY, by its Board of Directors, Plaintiff/Counterclaim Defendant-Appellee, v. NATHAN MICHAEL TOOTHMAN, Defendant/Counterclaim-Plaintiff/Appellant, TIFFANY TOOTHMAN, Counterclaim-Plaintiff-Appellee, MORTGAGE ELECTRIC REGISTRATION SYSTEMS, INC., soley as nominee for CITIMORTGAGE, INC., a New York corporation, CITIBANK, N.A., Defendants-Appellees, JOHN DOES 1-5, JANE DOES 1-5, DOE PARTNERSHIPS 1-5, DOE CORPORATIONS 1-5, DOE ENTITIES 1-5 and DOE GOVERNMENTAL UNITS 1-5, Defendants JOHN DOES 1-10, Counterclaim-Defendants
ORDER APPROVING WITH PREJUDICE THE JANUARY 6, 2017 STIPULATION FOR DISMISSAL OF APPEAL
Upon consideration of the “Stipulation for Dismissal of Appeal With Prejudice From the Judgment Filed May 9, 2016,” filed January 6, 2017, by Plaintiff/Counterclaim-Defendant/Appellee Association of Apartment Owners of Mokuleia Beach Colony, and the record, it appears that (1) the appeal has not been docketed; (2) pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(b), the parties stipulate to dismiss the appeal with prejudice, and bear their own costs and attorneys' fees on appeal; (3) the stipulation is dated and signed by counsel for all represented parties, and by all parties appearing in the appeal pro se; and (4) because the appeal has not been docketed, dismissal is authorized by HRAP Rule 42(a), rather than HRAP Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved and the appeal is dismissed with prejudice. The parties shall bear their own costs and attorneys' fees on appeal.