NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
23-SEP-2020
09:06 AM
NOS. CAAP-XX-XXXXXXX AND CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
CAAP-XX-XXXXXXX
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.,
ASSET-BACKED CERTIFICATES, SERIES 2005-AB4, Plaintiff-Appellee,
v. KIEL JAMES PATTISON; ASSOCIATION OF APARTMENT OWNERS OF
ELIMA LANI CONDOMINIUMS; JOHN DOES 1-20; JANE DOES 1-20;
DOE CORPORATIONS 1-20; DOE ENTITIES 1-20; AND
DOE GOVERNMENTAL UNITS 1-20, Defendants-Appellants
AND
CAAP-XX-XXXXXXX
THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK
AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.,
ASSET-BACKED CERTIFICATES, SERIES 2005-AB4, Plaintiff-Appellee,
v. ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS;
Defendant-Appellant, and KIEL JAMES PATTISON; 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 STIPULATION FOR DISMISSAL WITH PREJUDICE
(By: Chan, Presiding Judge, Hiraoka and Wadsworth, JJ.)
Upon consideration of the "Stipulation for Dismissal
With Prejudice as to Defendant-Appellant Association of Apartment
Owners of Elima Lani Condominiums' Consolidated Appeal"
(Stipulation), filed July 20, 2020, by Defendant-Appellant
Association of Apartment Owners of Elima Lani Condominiums, the
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
papers in support, and the record, it appears that (1) the appeal
has been docketed; (2) the parties appearing in the appeal
stipulate to dismiss the appeal with prejudice and bear their own
attorneys' fees and costs; (3) the Stipulation is dated and
signed by counsel for all parties appearing in the appeal; and
(4) dismissal is authorized by Hawai#i Rules of Appellate
Procedure Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the Stipulation is
approved and the appeal is dismissed with prejudice. The parties
shall bear their own attorneys' fees and costs on appeal.
DATED: Honolulu, Hawai#i, September 23, 2020.
/s/ Derrick H.M. Chan
Presiding Judge
/s/ Keith K. Hiraoka
Associate Judge
/s/ Clyde J. Wadsworth
Associate Judge
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