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Association of Apartment Owners of Waipouli Beach Resort v. Unlimited Construction Services, Inc.

Citation: Not availableDocket: CAAP-18-0000405

Court: Hawaii Intermediate Court of Appeals; October 14, 2022; Hawaii; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The Intermediate Court of Appeals of Hawaii has approved a stipulation for the dismissal of appeals filed by the Association of Apartment Owners of Waipouli Beach Resort against multiple defendants, including Unlimited Construction Services, Inc., Unlimited WBR, LLC, Uponor, Inc., Dorvin Leis Co. Inc., and Group Builders, Inc. The dismissal is with prejudice, meaning that the appellant cannot bring the same claims again. The stipulation was filed on October 3, 2022, and is signed by the counsel for all parties involved. The court's order states that each party will bear its own attorneys' fees and costs. The appeals were consolidated and officially dismissed on October 14, 2022, by Chief Judge Lisa M. Ginoza and Associate Judges Clyde J. Wadsworth and Karen T. Nakasone.

Legal Issues Addressed

Allocation of Attorneys' Fees and Costs

Application: The court order specified that each party is responsible for bearing its own attorneys' fees and costs, eliminating any financial liability between the parties for these expenses.

Reasoning: The court's order states that each party will bear its own attorneys' fees and costs.

Consolidation and Dismissal of Appeals

Application: The appeals were consolidated and subsequently dismissed by the court, finalizing the legal proceedings related to the case.

Reasoning: The appeals were consolidated and officially dismissed on October 14, 2022, by Chief Judge Lisa M. Ginoza and Associate Judges Clyde J. Wadsworth and Karen T. Nakasone.

Dismissal of Appeals with Prejudice

Application: The court approved a stipulation that results in a dismissal with prejudice, preventing the appellant from bringing the same claims in the future.

Reasoning: The Intermediate Court of Appeals of Hawaii has approved a stipulation for the dismissal of appeals filed by the Association of Apartment Owners of Waipouli Beach Resort against multiple defendants, including Unlimited Construction Services, Inc., Unlimited WBR, LLC, Uponor, Inc., Dorvin Leis Co. Inc., and Group Builders, Inc. The dismissal is with prejudice, meaning that the appellant cannot bring the same claims again.

Stipulation Signed by Counsel

Application: The stipulation for dismissal was agreed upon and signed by the legal representatives of all parties involved, indicating mutual consent to the terms of dismissal.

Reasoning: The stipulation was filed on October 3, 2022, and is signed by the counsel for all parties involved.