U.S. Bank National Association v. Association of Apartment Owners of Elima Lani Condominiums ( 2023 )

NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Electronically Filed Intermediate Court of Appeals CAAP-XX-XXXXXXX 31-JAN-2023 08:01 AM Dkt. 46 OAWST NO. CAAP-XX-XXXXXXX IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI#I U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR GSAA HOME EQUITY TRUST 2006-9 ASSET-BACKED CERTIFICATES SERIES 2006-9, Plaintiff-Appellee, v. ASSOCIATION OF APARTMENT OWNERS OF ELIMA LANI CONDOMINIUMS, Defendant-Appellant, and DANA C. WYNN, ALSO KNOWN AS DANA CHERYL WYNN; WAIKOLOA VILLAGE ASSOCIATION; 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. 3CC18100094K) ORDER APPROVING STIPULATION TO DISMISS APPEAL (By: Wadsworth, Presiding Judge, and Nakasone and McCullen, JJ.) Upon consideration of the January 18, 2023 Amended Stipulation for Dismissal with Prejudice as to Defendant- Appellant Association of Apartment Owners of Elima Lani Condominiums' Appeal (amended stipulation), the papers in support, and the record, it appears that: (1) the appeal has been docketed; (2) the parties stipulate to dismiss this appeal with prejudice pursuant to Hawai#i Rules of Appellate Procedure NOT FOR PUBLICATION IN WEST'S HAWAII REPORTS OR THE PACIFIC REPORTER Rule 42(b) and bear their own attorneys' fees and costs;1/ and (3) the amended stipulation is dated and signed by counsel for all parties appearing in this appeal.2/ Therefore, IT IS HEREBY ORDERED that the amended stipulation for dismissal of the appeal with prejudice is approved, and the appeal is dismissed with prejudice. The parties shall bear their own attorneys' fees and costs. DATED: Honolulu, Hawai#i, January 31, 2023. /s/ Clyde J. Wadsworth Presiding Judge /s/ Karen T. Nakasone Associate Judge /s/ Sonja M.P. McCullen Associate Judge 1/ There appears to be a typographical error referencing the incorrect filing date of the Judgment on page 2, which we disregard. 2/ We disregard the unsigned signature lines of parties who did not appear in this appeal on page 3. 2