By: Foley, Presiding J., Leonard and Ginoza, JJ.
NOT FOR PUBLICATION IN WEST'S HAWAI'I REPORTS AND PACIFIC REPORTER APPEAL FROM THE FAMILY COURT OF THE SECOND CIRCUIT
(FC-P NO. 05-1-0185) ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Foley, Presiding J., Leonard and Ginoza, JJ.)
Upon consideration of "[Petitioner-Appellant MHL's (Appellant's)] Motion to Dismiss Appeal," filed on January 12, 2016, and the record, and noting no opposition, it appears that (1) Appellant seeks to dismiss the appeal, pursuant to Hawai'i Rules of Appellate Procedure (HRAP) Rule 42(b), because the parties settled through the Appellate Mediation Program; (2) HRAP Rule 42(b) authorizes the court to dismiss a docketed appeal; (3) the appeal has not been docketed; and (3) instead, dismissal is authorized by HRAP Rule 42(a) (governing dismissal before the appeal is docketed).
Therefore, IT IS HEREBY ORDERED that the motion is granted in part, and the appeal is dismissed, pursuant to HRAP Rule 42(a). The parties shall bear their own appellate fees and costs.
DATED: Honolulu, Hawai'i, February 2, 2016.
/s/
Presiding Judge
/s/
Associate Judge
/s/
Associate Judge