Douglas Engineering Pacific, Inc. v. Building Board of Appeals of the City & County of Honolulu

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
21-AUG-2024
10:30 AM
Dkt. 51 ORD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAIʻI

DOUGLAS ENGINEERING PACIFIC, INC., and OHANA CONTROL SYSTEMS,
INC., Petitioners-Appellants-Appellants,
v.
BUILDING BOARD OF APPEALS OF THE CITY AND COUNTY OF HONOLULU,
Respondent-Appellee-Appellee,
and
DIRECTOR OF THE DEPARTMENT OF PLANNING AND PERMITTING, and the
HONOLULU FIRE DEPARTMENT, Intervenors-Appellees-Appellees,

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CCV-XX-XXXXXXX)

ORDER GRANTING WITHDRAWAL OF COUNSEL
(By: Guidry, J.)

Upon consideration of the Notice of Disassociation

From Firm (Notice of Disassociation), filed August 20, 2024, by

Petitioners-Appellants-Appellants Douglas Engineering Pacific,

Inc. (Douglas), and Ohana Control Systems, Inc. (Ohana), which

the court construes as a motion to withdraw as counsel, under
Hawaiʻi Rules of Appellate Procedure (HRAP) Rule 50(a), it

appears that:

(1) Douglas and Ohana are represented in this appeal

by attorneys with the Tsugawa Lau & Muzzi LLC law firm (TLM);

(2) Attorney Leila M. Rothwell (Rothwell) is no longer

associated with TLM;

(3) Attorney Christopher J. Muzzi (Muzzi) will remain

as counsel for Douglas and Ohana, and requests that this court

remove Rothwell as attorney for Douglas and Ohana so that both

paper and electronic notices to Rothwell in this matter shall be

discontinued;

(4) HRAP Rule 50(a) provides, with respect to

withdrawal, that an attorney moving to withdraw as counsel of

record "must show that notice of the motion was given by service

upon the attorney's client." HRAP Rule 50(a); and

(5) The Certificate of Service signed by Muzzi

certifies that both Douglas and Ohana were duly served with

copies of the Notice of Disassociation at their last known

addresses on August 20, 2024.

Therefore, IT IS HEREBY ORDERED that the Notice of

Disassociation, construed as a motion to withdraw as counsel, is

granted.

2
IT IS FURTHER ORDERED that the appellate clerk shall

end Rothwell as a party to this appeal in the Judiciary

Information Management System.

DATED: Honolulu, Hawaiʻi, August 21, 2024.

/s/ Kimberly T. Guidry
Associate Judge

3