Bank of New York Mellon v. Pattison

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-JUL-2020 12:00 PM NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., AS ASSET-BACKED CERTIFICATES, SERIES 2005-AB4, Plaintiff-Appellee, v. KIEL JAMES PATTISON, Defendant-Appellee, and ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS, Defendant-Appellant, and JOHN DOES 1-20; JANE DOES 1-20; DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND DOE GOVERNMENTAL UNITS 1-20, Defendants APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT (CIVIL NO. 18-1-118K) ORDER APPROVING THE JULY 20, 2020 STIPULATION TO DISMISS APPEAL WITH PREJUDICE (By: Ginoza, Chief Judge, Chan and Hiraoka, JJ.) Upon consideration of the Stipulation for Dismissal With Prejudice as to Defendant-Appellant Association of Apartment Owners of Elima Lani Condominiums' Appeal, filed July 20, 2020, the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) pursuant to Hawai#i Rules of Appellate Procedure Rule 42(b), the parties stipulate to dismiss the appeal and bear their own attorneys' fees and costs; and NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER (3) the stipulation is dated and signed by counsel for all parties appearing in the appeal. Therefore, IT IS HEREBY ORDERED that the stipulation to dismiss the appeal is approved, and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, July 28, 2020. /s/ Lisa M. Ginoza Chief Judge /s/ Derrick H.M. Chan Associate Judge /s/ Keith K. Hiraoka Associate Judge 2