Foley
NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS AND PACIFIC REPORTER
APPEAL FROM THE CIRCUIT COURT OF THE SECOND CIRCUIT
(CIVIL NO. 09-1-0597(3))
ORDER GRANTING THE STIPULATION FOR
DISMISSAL OF APPEAL FILED ON FEBRUARY 27, 2012
(By: Foley, Presiding Judge, Fujise and Leonard, JJ.)
Upon consideration of the Stipulation for Dismissal of Appeal signed by Appellee-Appellant Dwight Takamine, Director of the Department of Labor and Industrial Relations and Claimant-Appellant/Appellee Gordon P. Martins, the papers in support, and the records and files herein, it appears that: (1) on August 17, 2011, Appellee-Appellant filed a notice of appeal; (2) Appellee-Appellant and Claimant-Appellee Martins are now stipulating to dismiss Appellant's appeal with the parties to bear their own appellate costs and fees; and (3) according to footnote 2 of the stipulation and the record on appeal, Employer-Appellant Alexander & Baldwin did not enter an appearance in the circuit court proceeding or this appeal.
Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss Appellee-Appellant's appeal is granted, and this appeal is dismissed. The parties shall bear their own appellate fees and costs.
DATED: Honolulu, Hawai'i, March 1, 2012.
Presiding Judge
Associate Judge
Associate Judge