Cit Bank, National Association v. Castillo

NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 28-MAY-2021 08:18 AM Dkt. 153 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I CIT BANK, NATIONAL ASSOCIATION, Plaintiff-Appellee, v. LOURDES C. CASTILLO, Defendant-Appellee and LAURO JAMES and ZORAIDA JAMES, Defendants-Appellants, and LOURDES C. CASTILLO, Successor Co-Trustee Under the Provisions of that Certain Irineo Caletena Irrevocable Trust Agreement Dated September 13, 1996, as Amended and Restated by that Certain Amendment and Complete Restatement of Irineo Caletena Irrevocable Trust Agreement Dated May 11, 1998, ARDIENTES C. MATIAS, Successor Co-Trustee Under the Provisions of that Certain Irineo Caletena Irrevocable Trust Agreement Dated September 13, 1996, as Amended and Restated by that Certain Amendment and Complete Restatement of Irineo Caletena Irrevocable Trust Agreement Dated May 11, 1998, SALVACION C. VISA YA, Successor Co-Trustee Under the Provisions of that Certain Irineo Caletena Irrevocable Trust Agreement Dated September 13, 1996, as Amended and Restated by that Certain Amendment and Complete Restatement of Irineo Caletena Irrevocable Trust Agreement Dated May 11, 1998, GLORIA C. KOIZUMI, Successor Co-Trustee Under the Provisions of that Certain Irineo Caletena Irrevocable Trust Agreement Dated September 13, 1996, as Amended and Restated by that Certain Amendment and Complete Restatement of Irineo Caletena Irrevocable Trust Agreement Dated May 11, 1998, KAUAI COMMUNITY FEDERAL CREDIT UNION, JOHN DOES 1-50, JANE DOES 1-50, DOE PARTNERSHIPS 1-50, DOE CORPORATIONS 1-50, DOE ENTITIES 1-50, AND DOE GOVERNMENTAL UNITS 1-50, Defendants-Appellees NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER APPEAL FROM THE CIRCUIT COURT OF THE FIFTH CIRCUIT (CIVIL NO. 12-1-0355) ORDER APPROVING STIPULATION FOR DISMISSAL OF APPEAL (By: Ginoza, Chief Judge, Hiraoka and Nakasone, JJ.) Upon consideration of the Stipulation for Dismissal (Stipulation), filed May 27, 2021, by Plaintiff-Appellee CIT Bank, National Association, the papers in support, and the record, it appears that (1) the appeal has been docketed; (2) the parties to the appeal stipulate to dismiss the appeal 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. The parties shall bear their own attorneys' fees and costs on appeal. DATED: Honolulu, Hawai#i, May 28, 2021. /s/ Lisa M. Ginoza Chief Judge /s/ Keith K. Hiraoka Associate Judge /s/ Karen T. Nakasone Associate Judge 2