The Hawaii Intermediate Court of Appeals has dismissed the appeal in the case of Bui v. Hovsepian, which involved parties Tuan Xuan Bui and My-Kim T. Bui as the appellants and Thomas D. Hovsepian as the appellee. This decision, made on June 17, 2026, signifies the conclusion of the legal dispute between the involved parties.
The dismissal of the appeal is significant as it allows both parties to move forward without the burden of further legal proceedings. The court ruled that the parties agreed to dismiss the appeal with prejudice, meaning they cannot bring the same claim again. This outcome indicates that the parties have reached a resolution, although details of any settlement were not disclosed in the court filing.
In this case, Tuan Xuan Bui and My-Kim T. Bui were the plaintiffs and counterclaim defendants, while Thomas D. Hovsepian served as the defendant and counterclaimant. The dispute originated in the District Court of the Second Circuit, Lahaina Division, under case number 2DRC-XX-XXXXXXX. The specific issues at stake in the original case were not detailed in the court opinion.
Background
The parties involved in this case are Tuan Xuan Bui and My-Kim T. Bui, who filed the appeal against Thomas D. Hovsepian. The nature of the dispute between them was not specified in the court documents. However, it is common for such cases to involve disagreements over contracts, property, or other civil matters.
The appeal reached the Hawaii Intermediate Court of Appeals after the initial decision from the District Court of the Second Circuit. The court filing did not provide specific details on the lower court's ruling or the basis for the appeal. However, it is clear that the appellants sought to challenge a decision made in the lower court.
As the appeal progressed, the parties apparently engaged in discussions that led to a resolution. On May 22, 2026, they filed a stipulation for dismissal of the appeal, indicating their agreement to end the legal proceedings. This stipulation was signed by counsel for all parties, which is a necessary step to formalize the dismissal.
The Ruling
The Hawaii Intermediate Court of Appeals approved the stipulation for dismissal of the appeal. Chief Judge Karen T. Nakasone, along with Associate Judges Clyde J. Wadsworth and Daniel M. Gluck, issued the ruling. The court noted that the stipulation met the requirements set forth in the Hawaii Rules of Appellate Procedure, specifically Rule 42(b).
The court ruled, "the stipulation is approved and the appeal is dismissed. The parties shall bear their own attorneys' fees and costs on appeal."
This ruling effectively ends the appellate process for the parties involved. By agreeing to dismiss the appeal with prejudice, the Buis and Hovsepian have resolved their differences without further court intervention. The decision emphasizes the importance of mutual agreement in legal disputes, allowing parties to avoid the costs and uncertainties associated with prolonged litigation.
Impact
The dismissal of the Bui v. Hovsepian appeal has implications for both parties. By resolving their dispute, they can now focus on moving forward without the burden of ongoing legal battles. The court's ruling also highlights the option for parties in similar situations to reach amicable resolutions through stipulations, which can save time and resources.
This case may not set a significant legal precedent due to the nature of the dismissal. However, it serves as a reminder of the procedural aspects of appellate law in Hawaii, particularly the importance of stipulations in resolving appeals. Future litigants may look to this case as an example of how parties can effectively conclude their disputes through mutual agreement.
What's Next
Since the appeal has been dismissed with prejudice, the parties cannot appeal this decision further. There are no related cases pending that were mentioned in the court filing. The outcome allows both Tuan Xuan Bui and My-Kim T. Bui, as well as Thomas D. Hovsepian, to move on from this legal matter.











