Nakamura
APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT
(CIVIL NO. 12-1-0234)
ORDER GRANTING IN PART PLAINTIFF-APPELLEE KURT BOSSHARD,
TRUSTEE'S DECEMBER 9, 2013 MOTION
(By: Nakamura, Chief Judge, Leonard and Ginoza, JJ.)
On December 9, 2013, Kurt Bosshard, Trustee of the unrecorded Kurt Bosshard Trust, dated September 9, 1999 (Bosshard), filed a Motion to Dismiss Appeal and Motion to Strike Declaration of Douglas R. Wright; Exhibits "B" - "E" attached to Defendant-Appellant's Notice of Moot Issues filed October 29, 2013 (Motion to Dismiss). On December 16, 2013, Defendant-Appellant Moloa'a Bay Ventures, LLC filed its Response to said Motion to Strike Declaration of Douglas R. Wright; Exhibits "B" - "E" attached to Defendant-Appellant's Notice of Moot Issues filed October 29, 2013.
Upon careful review of the parties' submissions, and having given due consideration to the arguments advanced and the issues raised, as well as the relevant rules, statutes, and case law, IT IS HEREBY ORDERED THAT the Motion to Dismiss is granted in part and denied in part. Bosshard's request to dismiss this appeal, Appeal No. CAAP-12-0001105, as moot is granted. All other requests for relief are denied.
Accordingly, pursuant to Hawai'i Rules of Appellate Procedure Rule 42(b), IT IS HEREBY ORDERED THAT Appeal No. CAAP-12-0001105 is dismissed and the parties shall bear their own attorneys' fees and costs on appeal.
DATED: Honolulu, Hawai'i, February 5, 2014. On the motion: Harold Bronstein
for Plaintiff-Appellee
Chief Judge
Associate Judge
Associate Judge