NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
Electronically Filed
Intermediate Court of Appeals
CAAP-XX-XXXXXXX
10-MAR-2022
09:10 AM
Dkt. 32 OGMD
NO. CAAP-XX-XXXXXXX
IN THE INTERMEDIATE COURT OF APPEALS
OF THE STATE OF HAWAI#I
WILMINGTON TRUST, NATIONAL ASSOCIATION,
NOT IN ITS INDIVIDUAL CAPACITY BUT SOLELY IN ITS CAPACITY AS
TRUSTEE OF MFRA TRUST 2015-1, Plaintiff-Appellee, v.
DARRY MASATOSHI HASHIDA, Defendant-Appellant, and
BENEFICIAL FINANCIAL I INC.; UNITED STATES OF AMERICA;
STATE OF HAWAI#I, DEPARTMENT OF TAXATION;
VILLAGE PARK COMMUNITY ASSOCIATION, Defendants-Appellees, and
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
APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT
(CIVIL NO. 1CC121002843)
ORDER GRANTING MOTION TO DISMISS APPEAL
(By: Ginoza, Chief Judge, Leonard and McCullen, JJ.)
Upon consideration of the Stipulation for Dismissal
With Prejudice (Stipulation), filed February 24, 2022, by
Plaintiff-Appellee Wilmington Trust, National Association, not in
Its Individual Capacity but Solely in Its Capacity as Trustee of
MFRA Trust 2015-1, the papers in support, and the record, it
appears that:
(1) the appeal has been docketed;
(2) the parties stipulate to dismiss the appeal with
prejudice;
(3) the Stipulation is dated and signed by counsel for
all parties appearing in the appeal;
(4) the record reflects that appellate filing fees were
paid;
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER
(5) the Stipulation does not specify the terms as to
payment of costs, as set forth in Hawai#i Rules of Appellate
Procedure (HRAP) Rule 42(b); and
(6) because the requirements for a stipulation under
HRAP Rule 42(b) have not been met, we construe the Stipulation as
a motion under HRAP Rule 42(b).
Therefore, IT IS HEREBY ORDERED that the motion to
dismiss is granted and the appeal is dismissed with prejudice.
DATED: Honolulu, Hawai#i, March 10, 2022.
/s/ Lisa M. Ginoza
Chief Judge
/s/ Katherine G. Leonard
Associate Judge
/s/ Sonja M.P. McCullen
Associate Judge
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