NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-19-0000579

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

PETER J.S. HIRAI, Appellant-Appellant, v.

CIVIL SERVICE COMMISSION, CITY AND COUNTY OF HONOLULU, 

AND DEPARTMENT OF EMERGENCY MANAGEMENT, 

CITY AND COUNTY OF HONOLULU, Appellees-Appellees

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(CIVIL NO. 18-1-1151)

ORDER DENYING STIPULATION TO WITHDRAW AND 

GRANTING THE STIPULATION TO DISMISS APPEAL

(By: Leonard, Presiding Judge, Chan and Hiraoka, JJ.)

Upon consideration of the Stipulation and Order to

Withdraw as Counsel (Stipulation to Withdraw as Counsel) and the

Stipulation and Order to Dismiss Appeal (Stipulation to Dismiss

Appeal), both filed November 26, 2019, by Defendant-Appellant

Peter J. S. Hirai (Hirai), the papers in support, and the record,

it appears that: 

(1) In the Stipulation to Withdraw as Counsel, Hirai

and his counsel, Ted H. S. Hong (Hong), stipulate to Hong

withdrawing as counsel for Hirai and Hirai proceeding in the

appeal self-represented; that, upon approval of the Stipulation

to Withdraw as Counsel, Hirai will provide written notice to the

appellate clerk of his contact information, including his mailing

address, e-mail address, and telephone numbers; that Hirai will

keep the appellate clerk informed of any change to his contact

information; and Hong's representation in this case "shall

terminate upon effective entry by this Court." The Stipulation

Electronically Filed

Intermediate Court of Appeals

CAAP-19-0000579

26-AUG-2020

07:55 AM
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

to Withdraw as Counsel is dated and signed by Hirai and Hong;

(2) The court construes the Stipulation to Withdraw as

Counsel as seeking relief under Hawai#i Rules of Appellate

Procedure (HRAP) Rule 50(a), which states:

An attorney desiring to withdraw as counsel of record

must file a motion requesting leave therefor. The

motion must show that notice of the motion was given

by service upon the attorney's client. The notice

must provide, if available, the client’s physical and

electronic mail address to be used for service, and

telephone number. The appellate court may, in its

discretion, grant or deny such motion or, where

appropriate, remand the case for filing of a motion to

withdraw.

The Stipulation to Withdraw as Counsel does not provide Hirai's

physical or email addresses for service, or telephone number. 

That Hirai may provide that information in the future does not

comply with the rule. Accordingly, the court will not approve

the Stipulation to Withdraw as Counsel without prejudice;

(3) In the Stipulation to Dismiss Appeal, the parties

stipulate to dismiss the appeal with prejudice and bear their own

attorneys' fees and costs, under HRAP Rule 42(b). The

Stipulation to Dismiss Appeal is dated and signed by Hirai and

counsel for all parties appearing in the appeal, including Hong

for Hirai; and

(4) There appears to be good cause to approve the

Stipulation to Dismiss Appeal.

Therefore, IT IS HEREBY ORDERED that the Stipulation to

Withdraw as Counsel is denied without prejudice.

IT IS FURTHER ORDERED that the Stipulation to Dismiss

Appeal is granted and the appeal is dismissed with prejudice. 

The parties shall bear their own attorneys' fees and costs.

DATED: Honolulu, Hawai#i, August 26, 2020.

/s/ Katherine G. Leonard

Presiding Judge

/s/ Derrick H.M. Chan

Associate Judge

/s/ Keith K. Hiraoka

Associate Judge

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