Goold v. Hawaiian Electric Company, Inc.

NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
31-MAR-2023
08:24 AM
Dkt. 113 OGMD

NO. CAAP-XX-XXXXXXX

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI I

JEFFREY SCOTT GOOLD, Plaintiff-Appellant, v.
HAWAIIAN ELECTRIC COMPANY, INC.; HAWAIIAN ELECTRIC INDUSTRIES,
INC.; ELIZABETH DEER; SHANA M. BUCO, Defendants-Appellees, and
JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10;
DOE PARTNERSHIPS 1-10; DOE ENTITIES 1-10; and
DOE GOVERNMENTAL ENTITIES 1-10, Defendants

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

ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Leonard, Presiding Judge, McCullen and Chan, JJ.)
Upon consideration of self-represented Plaintiff-

Appellant Jeffrey Scott Goold's (Goold) March 2, 2023 Notice of

Withdrawal Under Objection, which the court construes as a motion

to dismiss the appeal under Hawai i Rules of Appellate Procedure

(HRAP) Rule 42(b)1 (Motion), the papers in support, and the

record, it appears that:

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Though Goold states that he does not wish to dismiss the appeal, but
rather, to give notice that he "withdraws" it under objection, there is no
rule in the HRAP permitting an appellant to unilaterally withdraw an appeal by
giving notice, or to move to dismiss an appeal "under objection." Indeed,
Goold seeks—in substance—to abandon his appeal, and "it is the substance of a
motion that should control rather than the title." Khaleghi v. Indymac
Ventures, LLC, No. CAAP-XX-XXXXXXX, 2016 WL 4268709, at *4 (App. Aug. 11,
2016) (Mem.).
NOT FOR PUBLICATION IN WEST'S HAWAI I REPORTS AND PACIFIC REPORTER

(1) The appeal has been docketed;

(2) Goold seeks to abandon his appeal;

(3) All appearing parties agree to a dismissal; and

(4) Dismissal of the appeal is authorized by HRAP

Rule 42(b).

Therefore, IT IS HEREBY ORDERED that the Motion is

granted and the appeal is dismissed.

IT IS FURTHER ORDERED that all pending motions are

dismissed.

DATED: Honolulu, Hawai i, March 31, 2023.

/s/ Katherine G. Leonard
Presiding Judge

/s/ Sonja M.P. McCullen
Associate Judge

/s/ Derrick H.M. Chan
Associate Judge

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